Court upholds man’s conviction for cannabis cultivation, possession

On June 28 last year, the sessions court convicted and sentenced Ahmad Faridz Fadzil to 30 years’ imprisonment and six strokes of the rotan for cultivating cannabis plants. (Envato Elements pic)

PETALING JAYA: The Court of Appeal has upheld a 30-year prison sentence and six strokes of the rotan for a self-employed man convicted on drug charges.

Bernama reported that a three-member bench led by Justice Azman Abdullah dismissed Ahmad Faridz Fadzil’s appeal against his conviction for cultivating cannabis plants and possessing cannabis seeds and the drug itself.

“We find that there was no error on the part of the High Court in upholding the conviction on three charges against the appellant,” said Azman when delivering the decision.

He said the testimony of Faridz’s mother provided compelling evidence, establishing a clear connection between the first charge and the discovery of the related evidence in the appellant’s room.

“The High Court’s decision in affirming the decision of the sessions court to convict the appellant is upheld,” said Azman, sitting with Justices Azmi Ariffin and Radzi Abdul Hamid.

On June 28 last year, the sessions court convicted and sentenced 46-year-old Faridz to 30 years’ imprisonment and six strokes of the rotan for cultivating cannabis plants.

He was also convicted on two additional charges of possessing 13.77g of cannabis and possession of cannabis seeds, receiving a two-year prison sentence for each offence to run concurrently from his arrest on April 13, 2022.

The offences occurred at a residence in Taman Menteri, Changkat Jering, Taiping, Perak on April 13, 2022.

On March 7, the High Court upheld the sessions court’s decision. Faridz subsequently appealed his conviction to the Court of Appeal, though he did not challenge the sentence.

Cultivating cannabis under Section 6B(1)(a) of the Dangerous Drugs Act 1952 is punishable under Section 6B(3) of the same Act, which provides for 30 to 40 years’ imprisonment and no less than six strokes of the rotan.

According to the facts of the case, a police team acting on a tip-off conducted surveillance and subsequently raided a house where a man was suspected of cultivating cannabis.

The appellant was discovered standing approximately one foot away from three cannabis plants in pots situated in a hut behind the property. A subsequent search of the house led to the discovery of cannabis seeds and cannabis in a room.

During trial proceedings, the appellant’s mother testified that her son had admitted to planting the cannabis.

Faridz, who was charged on Feb 22, 2022, represented himself during the sessions court trial after his appointed counsel from the National Legal Aid Foundation repeatedly failed to appear, despite multiple adjournments.

The trial judge provided guidance on court procedures and case management to him.

In today’s appeal proceedings, deputy public prosecutors Zaki Asyraf Zubir and Nik Fadli Nik Azlan appeared for the prosecution, while lawyer Ameerul Aizat Noor Haslan represented Faridz.