On 10 January 2001 at about 1.00 pm, ASP Mohd Rafique and three other police officers raided apartment No. 3-1-15, Green View Apartment, Jalan 8/40, Taman Pusat, Kepong, Kuala Lumpur.[1] Inside the rear room they found Tan Yew Choy seated on the floor rolling dried leaves suspected to be cannabis, with the leaves on a newspaper and 40 plastic packets of dried leaves in a box about a foot away.[1] The chemist confirmed the dried leaves weighed 224.65 grams of cannabis, the subject of the trafficking charge.[1]
Police also found a Dunhill cigarette box in Tan’s trouser pocket holding nine small plastic packets containing 20.73 grams of methamphetamine, the subject of a second charge of possession.[1] The High Court found Tan guilty on both charges, imposing the mandatory death sentence for the cannabis trafficking and three years’ imprisonment for the methamphetamine possession.[1] The Court of Appeal dismissed his appeal on both charges.[1]
Federal Court acquittal
Before the Federal Court Tan argued only against the trafficking conviction, saying the net weight of cannabis found by the chemist exceeded the gross weight recorded at recovery, so the prosecution had not proved the exhibits sent for analysis were the same substance seized.[1] The court agreed the discrepancy created a reasonable doubt about the identity of the cannabis and held the trafficking offence was not proved beyond reasonable doubt.[1] On 8 May 2009 the Federal Court allowed the appeal, setting aside the conviction and death sentence for trafficking.[1]