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1987 MarsdenLR 1061

LIM BENG CHOON
PUBLIC PROSECUTOR – Appellant
Versus
BADRULSHAM BIN BAHAROM – Respondent


Advocates:
Mohamed Amin Firdaus bin Abdullah (Deputy Public Prosecutor) for the Public Prosecutor.
Kartar Singh for the accused.
Solicitors: Kartar Singh & Co.

Lim Beng Choon J

The charge against the accused is as follows:

"That you, on November 22, 1982 at about 8.30 a.m. at Jalan Station in front of Alor Setar Railway Station, in the District of Kota Setar, in the State of Kedah, did on your own behalf traffic in dangerous drug, to wit, 409.3 grammes of cannabis, in contravention of section 39B(1)(a) of the Dangerous Drugs Act (1952) (Revised 1980) and that you have thereby committed an offence punishable under section 39B(2) of the same Act (Act 234)."

The case for the prosecution is quite straight-forward. On November 22, 1982, the police set up an ambush. The ambush party comprised Insp. Mohd. Nawawi who was the leader of the ambush party and three other police officers, namely, D/Corp. Idrus bin Jaafar, PW3 D/Const. Ibrahim bin Hj. Sapeh, PW5, and D/Sgt. Abd. Hasir. The party arrived at the ambush place at about 8 o'clock that morning and Insp. Nawawi, PW4, with D/Sgt. Hasir positioned themselves near the Cathay Theatre which was about half a mile from the Alor Setar Railway Station. PW3 and PW5 positioned themselves near the canteen adjacent to the entrance of the said railway station. At about 8.30 a.m., PW3 and PW5 both saw the a

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