K. Nanda Kumar and M. Poobalan, both 31, were found guilty of trafficking the drugs in front of a hotel in Taman Ungku Tun Aminah, at about 8pm on Aug 24, 2002. 
Police arrested the accused after a raid in front of the hotel on the same night.
The two also had a meeting with an undercover police officer where they discussed a drug deal prior to the arrest.
Their offence was classified under Section 39B(1)(a) of the Dangerous Drugs Act 152 and the sentence was under Section 39B(2) of the same act, which carries the maximum death sentence.
The defence raised the issue that the drugs were brought to the crime scene in a lorry by someone else.
Both accused had denied any involvement in the drug deal.
Nanda Kumar, in a black collared shirt, and Poobalan, in a grey shirt, were teary eyed when the verdict was read.
High Court Judicial Commissioner Datuk Zawawi Salleh said the court found all elements in the charge conclusive, especially the meeting prior to the arrest.
"The explanations given by the accused were only mere denial.
"The court is satisfied that both accused committed the offence and therefore I find them guilty and sentence them to death by hanging," he said.
During mitigation after the verdict and sentence were read, Deputy Public Prosecutor Husmin Hussin told the court that the maximum sentence was justified as it was in the interest of the public.
"Though the drugs were not potent enough compared to other drugs, the amount is a different matter.
"It would involve a lot of people and would be a threat to society at large if it was let loose into the market," he said.
Meanwhile defence counsel Norman Fernandez, who was representing Poobalan, said both accused were only 26, when committing the offence and both were the sole breadwinners for their respective families.
"They are only first-time offenders and there is no statement indicating that they are involved in a drug syndicate.
"The desperate plight of their families forced them to get involved in this matter," he said, adding that both regretted their actions and were also deeply remorseful.
Fernandez also said that he would file an appeal against the decision at the Court of Appeals on behalf of Poobalan.
Defence counsel K. Gnanasegaran, who was representing the other accused, was not present in court.
Police arrested the accused after a raid in front of the hotel on the same night.
The two also had a meeting with an undercover police officer where they discussed a drug deal prior to the arrest.
Their offence was classified under Section 39B(1)(a) of the Dangerous Drugs Act 152 and the sentence was under Section 39B(2) of the same act, which carries the maximum death sentence.
The defence raised the issue that the drugs were brought to the crime scene in a lorry by someone else.
Both accused had denied any involvement in the drug deal.
Nanda Kumar, in a black collared shirt, and Poobalan, in a grey shirt, were teary eyed when the verdict was read.
High Court Judicial Commissioner Datuk Zawawi Salleh said the court found all elements in the charge conclusive, especially the meeting prior to the arrest.
"The explanations given by the accused were only mere denial.
"The court is satisfied that both accused committed the offence and therefore I find them guilty and sentence them to death by hanging," he said.
During mitigation after the verdict and sentence were read, Deputy Public Prosecutor Husmin Hussin told the court that the maximum sentence was justified as it was in the interest of the public.
"Though the drugs were not potent enough compared to other drugs, the amount is a different matter.
"It would involve a lot of people and would be a threat to society at large if it was let loose into the market," he said.
Meanwhile defence counsel Norman Fernandez, who was representing Poobalan, said both accused were only 26, when committing the offence and both were the sole breadwinners for their respective families.
"They are only first-time offenders and there is no statement indicating that they are involved in a drug syndicate.
"The desperate plight of their families forced them to get involved in this matter," he said, adding that both regretted their actions and were also deeply remorseful.
Fernandez also said that he would file an appeal against the decision at the Court of Appeals on behalf of Poobalan.
Defence counsel K. Gnanasegaran, who was representing the other accused, was not present in court.
Comments