JUDGMENT

Introduction

[1] The common and central issue in the present appeals is on the constitutional validity of s 37A of the Dangerous Drugs Act 1952 ("DDA"), with reference to arts 5, 8, and 121 of the Federal Constitution ("FC").

[2] Each of the appellants in these two appeals was charged before and convicted by two different trial judges for drug trafficking under s 39B of the DDA. However, since both appeals were premised on one common and crucial issue we proceeded to hear them together while conscious of the fact that on merits these two appeals might differ. We therefore heard submissions on the common issue of these two appeals.

[3] This is a unanimous judgment of the remaining judges of the court delivered pursuant to s 78(1) of the Courts of Judicature Act 1964. Mr Justice Balia Yusof Haji Wahi has since retired on 25 March 2019.