Hepworth J:

In this case the accused was charged in the Magistrate's Court, Penang, with two charges of forgery under s. 465 of the Penal Code, offences within the criminal jurisdiction of such Court, in one of which the document he was alleged to have forged was specified as "a letter dated 13 January 1962 written by you to the RAF. Accounting Officer, Butterworth" and in the other of which as "cheque No B 008024 by making a false endorsement on the back".

Prior to the accused being charged the police had searched his house and taken away a number of documents, among which was the letter referred to in the first charge.

After the accused had been charged in Court his Counsel asked to be allowed to inspect the documents seized by the police and take copies of them. This request was opposed by the prosecution. In the end the Magistrate made an order that since the documents belonged to the accused he was entitled to photostat copies of them, but was not entitled to the originals. The Deputy Public Prosecutor thereupon filed an appeal against this order of the Magistrate. (Later "in order to expedite justice and as a matter of Courtesy" the prosecution supplied photostat c