
A three-member Court of Appeal bench, chaired by Justice Azman Abdullah, ruled that the High Court had not erred in law or fact when convicting Norazhar Mat, 55, for trafficking 48kg of cannabis, commonly known as ganja.
He was spared a whipping as he is above 50 years of age.
The bench also maintained the sentence of 30 years’ jail imposed on co-accused Faizul Azwad Ab Jalil, 46, who will also receive 14 strokes of the cane.
In its ruling, the court said there was no break in the chain of evidence when 50 packets of the drug, originally stored in two boxes, were transferred into two other boxes.
The defence had disputed the evidence, contending that the boxes were tampered with and were not produced in court.
“The prosecution’s case is supported by recordings in the seizure list and a police report,” said Azman.
Also on the bench hearing the appeal were Justices Hayatul Akmal Abdul Aziz and Radzi Abdul Hamid.
Both men were charged with trafficking outside a house in Bandar Sierra, Puchong, at about 4am, on June 27, 2020.
A police raiding party had caught the duo transferring the drugs from one car to another.
Norazhar was also jointly charged with a woman for possessing 98kg of ganja at a house in Bandar Sierra, Puchong, at about 4.40am on June 27, 2020. He had led police to the house following his arrest.
The prosecution later reduced the charge to possession and discontinued the case against the woman.
Norazhar’s sentence of 15 years’ jail for the possession offence was also upheld by the Court of Appeal.
The court, however, ordered that the sentence begin from the date of his arrest in June 2020, instead of June 20, 2025, the date the verdict was handed down, as previously ordered by the High Court.
The appeals court also ordered that the trafficking and possession sentences run concurrently, meaning he will serve a total of 30 years.
Lawyer S Ravichandran represented Faizul, and counsel Mak Kah Keong appeared for Norazhar, while deputy public prosecutor Abdul Malik Ayob prosecuted.