A three-member bench chaired by Chief Justice Tengku Maimun Tuan Mat said they agreed with the appellants’ lawyers that an informer in this case had crossed the line of protection under Section 40 of the Dangerous Drugs Act.

“The informer had discussed the types of drugs with the first appellant,” Tengku Maimun said.

She said the prosecution’s failure to call or make the informer available to the defence could draw an adverse conclusion.

“There is a serious gap in the prosecution’s case. On these grounds alone, we find all the convictions of all the appellants unsafe.

“The sentence is set aside and substituted with an order of discharge and acquittal,” the top judge said.

Sitting with Tengku Maimun were Harmindar Singh Dhaliwal and Rhodzariah Bujang.

S Alagenthiran, J Claymoundari, both 31, and R Suresh, 34, were charged with trafficking 50.1gm of monoacetylmorphine and heroin.

They also faced a second charge of trafficking 60.7gm of methamphetamine.

Both offences were said to have been committed at a petrol station along the North-South Expressway in Gurun, Kuala Muda, Kedah on May 21, 2014.

Naran Singh represented Alagenthiran; KT Jayaraj and S Prayveen Raj appeared for Claymoundari; and Gopal Sri Ram, S Preakas and Yasmeen Soh represented Suresh.

Deputy public prosecutors Nurul Farhana Khalid and Khairul Aisamuddin Abdul Rahman appeared for the prosecution.