Page:Dangerous Drugs (Amendment) Act 2017 (Act A1558).pdf/4

or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than fifteen strokes.”; and

(b) by inserting after subsection (2) the following subsections:

“(2a) In exercising the power conferred by subsection (2), the Court in imposing the sentence of imprisonment for life and whipping of not less than fifteen strokes, may have regard only to the following circumstances:

(a) there was no evidence of buying and selling of a dangerous drug at the time when the person convicted was arrested;

(b) there was no involvement of agent provocateur; or

(c) the involvement of the person convicted is restricted to transporting, carrying, sending or delivering a dangerous drug; and

(d) that the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside Malaysia.

(2b) For the purposes of subsection (2a), “enforcement agency” means—

(a) the Royal Malaysia Police;

(b) the National Anti-Drugs Agency;

(c) the Royal Malaysian Customs Department;

(d) the Malaysian Maritime Enforcement Agency; or

(e) any other enforcement agency as may be determined by the Minister.”.