Mohd. Zahir Ismail J:

The appellant is appealing against the decision of the learned Magistrate in convicting him for an offence under s. 119(11) of the Road Traffic Ordinance.

He was charged for carrying in his motor-lorry 19 ton 7 cwt 1 qr whilst authorised to carry only 360 cwt thereby there was 1 ton 7 cwt 1 qr overloading.

The prosecution called the constable who stopped the lorry and the Police Sergeant to whom the lorry was subsequently handed. The Sergeant issued the order for the lorry to be weighed. The lorry with the order to weigh was taken by another constable to the office of the Registrar and Inspector of Motor Vehicles where this constable handed over the lorry to the Registrar for weighing and which was done. Then the constable issued the Form Pol. 257 to the appellant. Form Pol. 257 is the summons requiring the appellant to attend the Magistrate's Court at Pasir Puteh.

The Registrar and Inspector of Motor Vehicles, Kota Bharu personally gave evidence of the weighing and testified that the excess weight was 1 ton 7 cwt 1 qr.

Upon being called to enter into a defence the appellant elected to remain silent and he was accordingly convicted and fined.

His only