[1] The respondent was charged with the offence of consuming drugs which is an offence under s 15 of the Dangerous Drugs Act 1952 . He was acquitted and discharged at the end of the case for the prosecution without being called to enter his defence. The decision of the learned Magistrate was affirmed by the High Court. The Public Prosecutor has now appealed against the said decision. The ground of acquittal pertains to the manner in which the urine sample was collected from the respondent.

Brief Facts

[2] Before we embark upon a discussion of the legal issues that arises in this appeal, we shall first set out the background facts. The respondent was arrested on 31 March 2017 at 7.40 pm at his house and was brought to the Teluk Intan Police Station. At the Police Station, the urine sample of the respondent was collected on the orders of ASP Ismail Rosdi. The collection of the sample was supervised by Insp Ahmad Saifulbahri. Only one bottle was used for the said purpose. The preliminary test conducted at the Police Station by Insp Ahmad Saifulbahri by dipp