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1989 MarsdenLR 1325

FAIZA TAMBY CHIK
PUBLIC PROSECUTOR – Appellant
Versus
CHEW YOO CHOI – Respondent


Advocates:
Halifah bte Daud (Deputy Public Prosecutor) for the Public Prosecutor.
Gurbachan Singh Pannu (Kartar Singh with him) for the defendant.
Solicitors: Bachan & Kartar Reported by Mathavan Devadas

Faiza Tamby Chik JC

The accused was charged as follows:

That you on 9 April 1986, at about 11pm at the house No 108, Jalan 56/26, Taman Sri Rampai, Setapak, in the Federal Territory, Kuala Lumpur, did traffic in dangerous drugs to wit heroin weighing a total of 16.59g and that you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (Revised 1980) and punishable under s 39B(2) of the same Act.

In this case, the dangerous drugs were found in a double-storey terraced house at No 108, Jalan 56/26, Taman Sri Rampai, Setapak, Kuala Lumpur, on 9 April 1986 at about 11pm by a team of police headed by Inspector Nordin bin Abdul (PW3). The dangerous drugs were found:

(1) lying on the floor of the bathroom in the master bedroom in a plastic packet which the chemist (PW1) said contained on analysis 1.47g of heroin (P4);

(2) lying on the floor of the common bathroom a yellow plastic packet with the words 'Rakyat Super Store Sdn Bhd' written on it (P22) and inside this packet was a plastic packet which the chemist said contained on analysis 1.52g of heroin (P6);

(3) lying on the floor of the common bathroom also were 9 small plastic packets (P8 A–I) which the ch

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