Syed Othman J:

The appellant and another person were charged with an offence of assisting in carrying on a public lottery punishable under s. 4(1)(c) of the Common Gaming Houses Ordinance, 1953 (No 26 of 1953).

They claimed trial. At the end of the prosecution case the other person was acquitted and the appellant was called on to enter upon his defence. At the conclusion of the hearing he was convicted and sentenced to pay a fine of $2,000 in default five months imprisonment.

The appeal is on many grounds mainly on questions of fact.

The prosecution case mainly relied on the evidence of the chief inspector, PW1 His evidence may be put briefly as follows: On 3 April 1968 at about 8.10 pm he led a police party to raid premises No. 1, Jalan Rogayah, Batu Pahat. Two officers entered the premises by the side door covering the ground floor, the first floor and the kitchen of the premises. PW1 himself with two other men went to the front portion of the premises which had a collapsible gate locked from inside. PW1 noticed a fat man seated beside a table. He was the appellant. PW1 identified himself and asked him to open the gates. But the appellant did not heed him. He collecte