COURT UPHOLDS CONVICTION FOR CANNABIS CULTIVATION AND POSSESSION

PUTRAJAYA, Oct 30 (Bernama) — The Court of Appeal has upheld a 30-year prison sentence and six strokes of the cane for a self-employed man convicted on drug charges.

A three-member bench led by Justice Datuk Azman Abdullah dismissed Ahmad Faridz Mohd Fadzil's appeal against his conviction for cultivating cannabis plants and possessing cannabis seeds and the drug itself.

“We find that there was no error on the part of the High Court in upholding the conviction on three charges against the appellant (Ahmad Faridz),” said Justice Azman when delivering the decision.

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He said that the testimony of Ahmad Faridz's mother provided compelling evidence, establishing a clear connection between the first charge and the discovery of the related evidence in the appellant's room.

“The High Court’s decision in affirming the decision of the Sessions Court to convict the appellant is upheld,’ said Justice Azman, sitting with Justices Datuk Azmi Ariffin and Datuk Mohd Radzi Abdul Hamid.

On June 28 last year, the Sessions Court convicted and sentenced 46-year-old Ahmad Faridz to life imprisonment of 30 years and six strokes of the cane for cultivating cannabis plants.

He was also convicted on two additional charges of possessing 13.77 grammes of cannabis and possession of cannabis seeds, receiving a two-year prison sentence for each offence, to run concurrently from his date of arrest on April 13, 2022.

The offences occurred at a residence in Taman Menteri, Changkat Jering, Taiping, Perak, on April 13, 2022.

On March 7 this the High Court upheld the Sessions Court's decision. Ahmad Faridz subsequently appealed his conviction to the Court of Appeal, though he did not challenge the sentence.

Cultivating cannabis under Section 6B(1)(a) of the Dangerous Drugs Act 1952 is punishable under Section 6B(3) of the same Act, which carries a mandatory life imprisonment and not less than six strokes of the cane.

According to the facts of the case, a police team acting on a tip-off conducted surveillance and subsequently raided a house where a man was suspected of cultivating cannabis.

The appellant was discovered standing approximately one foot away from three cannabis plants in pots situated in a hut behind the property. A subsequent search of the house led to the discovery of cannabis seeds and cannabis in a room.

During trial proceedings, the appellant's mother testified that her son had admitted to planting the cannabis.

Ahmad Faridz, who was charged on Feb 22, 2022, represented himself during the Sessions Court trial after his appointed counsel from the National Legal Aid Foundation repeatedly failed to appear, despite multiple adjournments.

The trial judge provided guidance on court procedures and case management to the unrepresented appellant.

In today's appeal proceedings, deputy public prosecutors Zaki Asyraf Zubir and Nik Mohd Fadli Nik Azlan appeared for the prosecution, while lawyer Ameerul Aizat Noor Haslan represented Ahmad Faridz. 

— BERNAMA