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1996 MarsdenLR 187

FEDERAL COURT PENANG
ALCONTARA AMBROSS ANTHONY – Appellant
Versus
PP – Respondent


Petitioner Advocates:Karpal Singh,Jagdeep Singh Deo ,Respondent Advocate: Stanley C Augustin

JUDGMENT

Edgar Joseph Jr FCJ:

[1] In the view we took of this appeal, it is unnecessary for us to deal with the facts of the case, at any great length.

[2] Suffice it to say, so far as the facts are concerned, that this appeal is a sequel to our judgment in Public Prosecutor v. Alcontara a/l Ambross Anthony, [1993] 3 MLJ 568, wherein we had reversed the judgment of acquittal entered at the close of the case for the prosecution, by the Judge in favour of the accused, who is the appellant herein on a charge that he did, on 11 August 1987 at 5.30 am., at Jambatan Permatang Tok Labu, Kepala Batas, Seberang Perai, in the District of Butterworth, in the State of Pulau Pinang, traffick, in a dangerous drug, to wit, cannabis, weighing 70,952.1 grams, in contravention of s 39B(l)(a) of the Dangerous Drugs Act, 1952, ("the Act") on the ground of misdirection as to the sufficiency of the expert testimony of the chemist on the question whether the subject matter of the charge was "cannabis" within the meaning of s 2 of the Act. Pursuant to our order, the Judge was obliged to, and did, call upon the appellant to enter upon his defence. The appellant made his defence f rom the witness box but call

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