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1979 MarsdenLR 272

HASHIM YEOP A SANI, SUFFIAN, WAN SULEIMAN
SU AH PING – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
For the appellant - Jagjit Singh (K.C. Cheah with him); M/s. Jagjit Singh & Co. For the respondent - Sharkawi bin Alias; DPP

JUDGMENT

Suffian LP (delivering the judgment of the Court):

We dismissed this appeal and now give our reasons.

First, as regards the evidence - in our view there was clear evidence which if believed would entitle the learned trial Judge to find the accused guilty, and as the learned Judge applied the right test in considering the evidence for the defence, we were of the opinion that it would not have been right to interfere with his verdict; and we would like to deal only with Mr. Jagjit Singh's argument regarding proof of the exhibits.

The exhibits were four pistols and 175 rounds of ammunition and the accused was charged with having them under his control in a security area without lawful authority contrary to s. 57(1) of the Internal Security Act, 1960.

The accused on 4 June 1976, after interrogation, during which he said that he had hidden four guns and many rounds of ammunition in two tins and a plastic bag in Kampong Hailam, led Inspector Takbir Ahmad and a police party to a place near a stream in that kampong. At the scene a spade was made available and the accused dug holes at three different places and in each hole the guns and ammunition were found, soaked in oil.

As

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