Hashim Yeop Sani CJM:

[1] On 17 September 1986 the appellant was charged in the High Court, Ipoh with trafficking in 128.80 grammes of heroin under s 39B(1)(a) of the Dangerous Drugs Act. On 1 October 1986 the learned trial Judge acquitted the appellant without calling for his defence. The learned trial Judge had ruled that it would not be proper for him to exercise his discretion under s 425 of the Criminal Procedure Code to call for the evidence of service of the chemist reports through a police constable although there was no dispute as to the existence of the chemist reports.

[2] When the Public Prosecutor appealed against the acquittal this Court ordered that the case be remitted back to the High Court for continued hearing and directed the trial Judge to invoke s 425 of the Criminal Procedure Code and to call DPC Mohd Yunan bin Mohd Ali (PW10) to testify as to the service of the two chemist reports (P25 and P26) on the appellant, PP v. Phon Nam, [1988] 3 MLJ 415.

[3] When the trial of the case was continued before the same trial Judge he allowed the prosecution to call the said DPC Mohd Yunan (PW10). After completing the evidence of PW10 the prosecution closed its case.