
A three-member bench chaired by Justice Ahmad Zaidi Ibrahim said San Sary, 39, had exclusive custody and control of the drugs that were found in a room of a house in Kota Bharu, Kelantan.
He said the trial judge had accepted the evidence of the raiding and arresting officers that only San had access to the room.
“We have no reason to disturb that finding of facts,” said Zaidi who sat with Justices Zaini Mazlan and Noorin Badaruddin.
The High Court in Kota Bharu last year found San, a former housing contractor, guilty of trafficking in 3.7kg of methamphetamine, better known as shabu.
Justice Abazafree Abbas had also found San guilty on another charge of trafficking in 511gm of the shabu.
The offences were committed in a room of a homestay in Kampung Seberang Lubok Jambu in Kota Bharu at 12.30am on March 8, 2020.
Abazafree sentenced San to 30 years’ jail and ordered that he be given 12 strokes of the rotan on each count. However, he ordered that the jail terms run concurrently.
According to the facts of the case, a police party raided the house and arrested three men, including San.
The accused led the police to where the drugs were found – concealed in different locations of the room.
Lawyer Benedict Cheang appeared for San while deputy public prosecutor Zaki Asyraf Zubir acted for the prosecution.