Hashim Yusoff FCJ:

Background

[1] The respondent (accused) in this appeal was originally charged for drug trafficking under s 39B(1)(a) of the Dangerous Drugs Act 1952 ('the Act'). He was acquitted by the High Court at the close of the prosecution case without his defence being called. The Public Prosecutor then appealed to the Court of Appeal against the High Court decision. The Court of Appeal thereafter ordered the respondent to enter his defence on a reduced charge of possession of the said drugs under s 12(2), punishable under s 39A of the Act. Hence this appeal by the Public Prosecutor against the said Court of Appeal decision and a cross appeal by the respondent against the decision of the Court of Appeal in calling for his defence on the reduced charge of possession.

Preliminary Objections

[2] At the outset of the hearing of the appeal and the cross appeal before us, the learned DPP raised a preliminary objection against the cross appeal by the accused on the ground that he had no right of appeal as the decision of the Court of Appeal had not finally disposed off his rights yet. Similarly, the learned counsel for the accused also raised objection against the Public Pros