In dismissing Samim Sainsha’s appeal, a three-member Federal Court bench, chaired by Abdul Rahman Sebli, said the conviction by the trial court was safe.

“We affirm the conviction and sentence,” said Rahman, who sat with Zabariah Mohd Yusof and Hasnah Mohammed Hashim.

The bench also dismissed a legal point raised by Samim’s court-appointed counsel, Shamsul Sulaiman, that the prosecution had failed to prove the expertise of the chemist who gave evidence during the trial.

Rahman said the failure to do so was not fatal as decided by several case laws.

Samim, 38, a mother of two, committed the offence at 2.50am on July 1, 2013. The drugs were concealed in a bag which was unlocked.

Samim had boarded a flight from Kolkata with the intention of working in Malaysia.

The bag, which contained clothes, were emptied and rescanned but a greenish image remained on the computer monitor.

The drug was found when the bag was cut open. A chemist later confirmed it was methamphetamine.

Shamsul said the court could write to the Selangor menteri besar to show mercy on Samim.

He said the court could recommend that the capital punishment be commuted to life imprisonment.

The report should be sent to the menteri besar as the offence was committed in Selangor, he said.

The menteri besar is a member of the state Pardons Board, chaired by the Sultan of Selangor.

Deputy public prosecutor Abd Ghafar Ab Latif appeared for the prosecution.