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1988 MarsdenLR 973

KC VOHRAH
PUBLIC PROSECUTOR – Appellant
Versus
CHAN AH KOW – Respondent


JUDGMENT

KC Vohrah J:

The first and second accused were charged as follows:

That you jointly on 23 May 1984 at about 10.10 a.m., at the 4th mile, Jalan Cheras in the Federal Territory of Kuala Lumpur, in furtherance of the common intention of you both, did on your own behalves traffic in dangerous drugs, to wit, 1599.74 grammes of Heroin, in contravention of para. (a) of sub-section (1) of s. 39B of the Dangerous Drugs Act, and thereby committed an offence punishable under s. 39B(2) of the said Act, read with s. 34 of the Penal Code.

ASP Hasnah bin Hamzah (PW3) with Inspector Maarof (PW4) and Detective Corporal Mohd. Saad acting on information waited in a car near Taman Midah roundabout at about 10.05 a.m. They were in civilian clothes. PW3 saw a motor cycle WAV 4932 proceeding towards the roundabout from the direction of Taman Midah.

On seeing this motor cycle, PW3, who was driving his own car, said he tailed it for about 5 to 10 minutes away from the roundabout, about ½ mile from it, until they were near a BP petrol station at the 4½ milestone Jalan Cheras. He instructed Inspector Maarof to introduce themselves as the police and to order the rider of the motor cycle and his pilli

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