Suffian LP:

I am dealing with this matter sitting in the High Court. The applicants were and are jointly charged in Kuala Lumpur Sessions Court Case MSA No. 1460 of 1977 with an offence under s. 12(2) and punishable under s. 12(3) read together with s. 39(A) of the Dangerous Drugs Ordinance No. 30 of 1952.

Before being charged, each of them had made a "cautioned statement" to the Police under s. 113 of the Criminal Procedure Code .

On 28 September 1978, their Counsel Mr. Joginder Singh applied to the President, Sessions Court, for an order that the Prosecutor supply him a certified copy of the cautioned statements of the applicants. The learned President made no order and advised the applicants to apply to the High Court for a ruling.

On 29 September 1978, Mr. Joginder Singh wrote to the Ketua Police, Federal Territory of Kuala Lumpur, respondent, asking for copies of the cautioned statements "so that our Counsel could prepare our defence to the said charges".

The respondent refused to supply the copies. His letter dated 6 October 1978, stated:

As you are aware, the question of supplying the cautioned statements has been argued in Court when the learned President