JUDGMENT

The appellant appealed against his conviction and sentence imposed by the learned Sessions Court Judge, Batu Pahat upon the following charge preferred against him:-

"Bahawa kamu pada 18hb Oktober 2004 jam lebih kurang 12.05 tengahari dihadapan Kaunter Syarikat Bas Express KKKL, Tingkat Bawah, Bangunan Menara Majlis Perbadanan Batu Pahat, No. 101 Jalan Rugayah, 83000, Batu Pahat, dalam Daerah Batu Pahat di dalam Negeri Johor Darul Takzim, sebagai pegawai badan awam, iaitu Sarjan RF 60153, Bahagian Narkotik Ibu Pejabat Polis Daerah Batu Pahat telah secara rasuah menerima bagi diri kamu suatu suapan iaitu wang tunai RM450.00 daripada Sharul Nizam bin Ahmad dan Mohd Shukor bin Md Jelani mendapatkan perintah diletakkan dibawah pengawasan pegawai polis mengikut Akta Penagih Dadah (Rawatan dan Pemulihan) 1983 dan dengan itu kamu telah melakukan satu kesalahan dibawah seksyen 10(a) (bb) Akta Pencegahan Rasuah 1997 (Akta 575) yang boleh dihukum dibawah seksyen 15 Akta yang sama".

The facts in brief are as follows:-

On 26.9.2004, the complainant, SP-7, while riding his motorcycle with SP-8 as his pillion, was stopped by 3 policemen on suspicion of going against the traffic lights, of being in possession of a stolen motorcycle, of being involved with drug abuse and snatch theft. Both were taken to Balai Polis Batu Pahat for further investigations. There were cleared of all suspicions except for drug abuse whereupon they were then taken to the Narcotics Divisions. The next day they were brought before the magistrate for a remand order pending their urine tests and medical examinations.

On 6.10.2004 they were taken to Poliklinik Hospital, Jalan Kluang for medical examinations. While waiting at the Balai's canteen for the police vehicle to bring them to the Poliklinik, SP-7 casually asked the appellant whether he could be released. The appellant was alleged to have responded "Kalau aku lepaskan apa kau nak bagi?" .

SP-7 added that at the Poliklinik, while waiting for his turn to see the doctor, the appellant allegedly told SP-7 "... sikit bukan RM50.00, banyak bukan RM1000.00. Faham-faham sendiri..."

On 8.10.2004 both SP-7 and SP-8 were brought before the Magistrates' Court for an order under Akta Penagih Dadah (Rawatan dan Pemulihan) 1983 (Pindaan) 1998. Both were placed under a supervision order pursuant to s. 6 (1) (b) of the same for a period of 2 years.

After the appearance before the magistrate was done and the supervision orders duly served on them, the appellant approached both SP-7 and SP-8 and handed to each of them a piece of paper (exhibits P9 and P12) containing the appellant's telephone number - 012-7684974. The appellant then told both SP-7 and SP-8 to contact him if both are ready with their monies in return for his (appellant's) assistance in procuring the said supervision orders instead of being sent to Pusat Tahanan Serenti.

On 9.10.2004 both SP-7 and SP-8 went to BPR office in Batu Pahat to lodge a report over the appellant's demand. Exhibit P-8 is their report. SP-14 took down their joint report.

On 11.10.2004, SP-7 again went to Balai Polis Batu Pahat to hand over a copy of his NRIC. On his way to make a photocopy of the same, he met the appellant who promptly asked whether the money is ready. SP-7 replied that he was still unemployed. Thereupon the appellant gave him a reminder that he is to phone him if the money is ready. SP-7 also gave his friend's (Kassim) telephone number 019-7417915 to the appellant (a notation of this number was also seized from the appellant upon his arrest as per item no. 3 of exhibit P-22) for the appellant to call him.

On 13.10.2004 at about 11.45 a.m while at work, SP-7 received a telephone call from the appellant through Kassim's hand phone. The appellant again asked when is money the going to be paid. The appellant also allegedly remarked "... aku dah tolong, engkau bohong, nanti aku tangkap kau, kalau tak bayar masuk Pusat ..." . SP-7 replied that he has no money as yet. The appellant