Hashim Yeop A Sani CJ (Malaya)

(delivering the judgment of the court): On 17 September 1986, the appellant was charged in the High Court, Ipoh with trafficking in 128.8g of heroin under s 39B(1)(a) of the Dangerous Drugs Act 1952. On 1 October 1986, the learned trial judge acquitted the appellant without calling for his defence. The learned trial judge had ruled that it would not be proper for him to exercise his discretion under s 425 of the Criminal Procedure Code (FMS Cap 6) ('the Code') to call for the evidence of service of the chemist's reports through a police constable although there was no dispute as to the existence of the chemist's reports.

When the public prosecutor appealed against the acquittal this court ordered that the case be remitted back to the High Court for continued hearing and directed the trial judge to invoke s 425 of the Code and to call DPC Mohd Yunan bin Mohd Ali ('PW10') to testify as to the service of the two chemist's reports ('P25' and 'P26') on the appellant (see PP v Phon Nam [1988] 3 MLJ 415).

When the trial of the case was continued before the same trial judge, he allowed the prosecution to call the said PW10. After completing the evide