In allowing Farid’s appeal on his sentence, a three-member bench led by Justice Kamaludin Said substituted a nine-month jail term imposed by a magistrate to the fine.

However, the bench affirmed a two-year police supervision on Farid, 41, effective from today.

Farid has paid the fine.

Kamaludin, who sat with justices Ahmad Nasfy Yasin and See Mee Chun, said there were no aggravating factors to impose a custodial sentence.

“The jail term is also not in line with sentencing trends for the offence (committed by Farid),” he said.

Lawyer Hisyam Teh Poh Teik earlier submitted that the magistrate erred in imposing the jail term without considering Section 15(1)(a) of the Dangerous Drugs Act 1952.

“A fine was made the first option, only to be followed by an imprisonment term,” said Hisyam, who was assisted by Kee Wei Lon and Low Wei Loke.

He also cited nine case laws where trial courts imposed a fine for the offence of consuming or self-administering drugs.

Farid committed the offence of self-administering ganja (tetrahydrocannabinol) at the Petaling Jaya district police headquarters at 4.30pm on Jan 11, 2018.

He was sentenced to nine months’ jail and ordered to be placed on two years’ supervision under the National Anti-Drugs Agency by the Petaling Jaya magistrates’ court on May 15, 2019.

The Shah Alam High Court dismissed his appeal in November 2019.

Deputy public prosecutor Eyu Ghim Siang represented the prosecution.