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2000 MarsdenLR 1019

HIGH COURT MALAYA KUALA LUMPUR
PP – Appellant
Versus
CHIA LEONG FOO – Respondent


Petitioner Advocates:Azhar Abdul Hamid,Lukman Zainuddin ,Respondent Advocate: Gooi Soon Seng

JUDGMENT

Augustine Paul J:

[1] Chia Leong Foo ("the accused") was charged with trafficking in 218.79 grammes of heroin and monoacetylmorphines under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act") and punishable under s 39B(2) of the Act. The accused claimed trial to the charge.

[2] The prosecution, in order to make out its case, called a total of seven witnesses. They are police photographers, Kamaruzaman Sabirin (PW1) and Zulkifli Rashid (PW2); Detective Sergeant Nurazlina Abdullah (PW3); Inspector Mohd Alpiyang Ali (PW4); Inspector Tansly Mering (PW5); Detective Sergeant Hassan Sulaiman (PW6) and Inspector Wan Azlan Wan Mamat (PW7). On 26 June 1998 PW4 led a party of police officers consisting of PW6, Det/Sjn Mohd Zaman Yunus, Det/Kpl Haridan Ab Hamid, Det/Kpl Jawahir Supar, L/Kpl Mastoro Mohamad, Det/L/Kpl Hariri Harun, L/Kpl Azli Abdullah and L/Kpl Jeganathan to lay an ambush at the Caltex Petrol Station ("the petrol station") at Jalan Kuching, Kuala Lumpur. They arrived at the scene at 8pm; PW5 instructed his officers to take up various positions at the petrol station. PW6 was instructed to remain in motor car bearing registration number WDR 1704 parked about 30 metres a

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