A three-member bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli also ordered P Bavithran, 27, to be whipped 10 times for each count.
However, the accused, who was 20 years and seven months old when he committed the offences, will only be caned 24 times, the maximum allowed under Section 288 of the Criminal Procedure Code.
Rahman, who sat with Justices Hasnah Hashim and Vazeer Alam Mydin Meera, also ordered for the prison terms to run concurrently from April 19, 2018.
At the outset of today’s proceedings, lawyer Hisyam Teh informed the bench that the Attorney-General’s Chambers had accepted a representation to reduce the charges.
Deputy public prosecutor Tetralina Ahmed Fauzi confirmed the matter.
In 2021, the High Court in Johor Bahru sentenced Bavithran to death after he was found guilty of three counts of trafficking, upheld by the Court of Appeal in 2022.
However, the court today set aside the conviction and sentence for trafficking.
Bavithran was charged with possessing 24.5kg of cannabis, 58.2g of heroin, and 174g of methamphetamine.
He committed the offences in the carpark of a fast-food outlet at Taman Mutiara Rini in Johor Bahru at 4.30pm on April 19, 2018.
Before imposing the sentence, Rahman repeatedly asked Bavithran whether he understood the nature and consequences of the offences to ensure that his plea was not conditional.
On the first count of possessing cannabis, Bavithran was sentenced to 17 years in prison and 10 strokes of the rotan, while for the second count of possessing heroin he was ordered to serve 15 years in prison and given 10 strokes.
Bavithran was also ordered to serve another 12 years in prison and given 10 strokes of the rotan for possessing methamphetamine, with all sentences to run concurrently.
Hisyam, who was assisted by Low Wei Loke and Afifudin Ahmad Afifi, argued that the court should exercise mercy and compassion as his client was a young offender.
“He is a first-time offender and should be allowed to return to society as soon as possible,” he said
Meanwhile, Tetralina said that public interest would be best served if the bench imposed a deterrent punishment based on the sentencing trend, after considering the type and quantity of drugs possessed by the accused.
According to the facts of the case, a police team, acting on information received, went to the crime scene.
After some observation, the accused came out from the fast-food outlet, approached a car and pressed the remote to unlock the vehicle.
He opened the rear passenger door, at which point he was approached by the team. He attempted to flee but was quickly detained.
Police later recovered the drugs from the footwell of the rear passenger seat of the car.