Raja Azlan Shah J:

This is an appeal by the learned Deputy Public Prosecutor against the decision of the learned Magistrate who, at the end of the prosecution case, acquitted and discharged the respondent without calling upon her defence. The respondent was charged with assisting in carrying on a public lottery, an offence punishable under s. 4(1) (C) of the Common Gaming Houses Ordinance, 1953. The facts of the case are as follows.

On information received, PW1, a gazetted Senior Police Officer, raided a topfloor room of house No. 19, Jalan Masjid, Kuala Trengganu, together with a police inspector. On approaching the said room of the said house, respondent was seen some three feet from the dressing table on which Exh. P1 was lying. On seeing PW1 and the inspector, both of whom were in mufti, respondent tried to close the door, but it was eventually forced open by PW1.

In his grounds of decision the learned Magistrate came to the conclusion that there was no physical Possession on the facts disclosed. He based his conclusion on the fact that exhibit P1 was recovered from the dressing table some three feet away from the respondent and there was lack of evidence as to how t