Lee Hun Hoe J:

The respondent, Teck Guan Co. Ltd was charged before the learned Magistrate, Tawau, with an offence for possession of 13 logs bearing the property hammer marks of the North Borneo Timber Berhad Group, without lawful authority or legal right, under s. 30(g) of the Forest Enactment, 1968. It was acquitted. The Public Prosecutor appealed against the acquittal.

The facts may be summarised. Tham Chiok Kok (PW1) was an employee of Teck Guan Co. Ltd., Tawau and was authorised to buy logs from small holders. On 3 March 1969 he agreed to buy certain logs from a Malay. On 23 March 1969 somehow 19 logs arrived and were found in the log pond. On the same day these logs were scraped, graded, allotted shipping numbers and towed to a ship called 'Mono 2' for export. As a result of a surprise check on board by Masiron Rundi (PW5), a forest officer loading was stopped and the 19 logs were seized. Thirteen of these logs were eventually identified as bearing the property hammer marks of the North Borneo Timber Berhad Group.

There was evidence to show that the logs had been scraped and that attempt had been made to remove the marks. All the employees said that they saw the 19