GOOD
PUBLIC PROSECUTOR – Appellant
Versus
LIM KWAI THEAN – Respondent
Good J delivering oral judgment:
This case was submitted for revision at the instance of the learned Magistrate who tried it. The accused was charged before him in the Magistrate's Court at Kuala Kangsar with an offence under reg. 10(1) punishable under reg. 20A of the Emergency (Registration Areas) Regulations, 1948. The charge was.
That you on 17 June 1958 at about 3.30 p.m. at Police Food Check at 32 'bd milestone Kenas Road, Kuala Kangsar, in the district of Kuala Kangsar, in the State of Perak, did fail to produce your NRIC when asked by a Police Officer in uniform in execution of his duty, and you have thereby committed an offence under reg. 10 (1) and punishable under reg. 20A of the Emergency (Registration Areas) Regulations, 1948.
The facts given in evidence by the prosecution were that the accused was driving a lorry, and when he arrived at a Police road block or food check he did not stop but one of the constables on duty at the road block called out after him and he then stopped. The constable went up to him and asked him to produce his identity card which he did not produce. The Regulation under which he was charged provides as follows:
Any police officer a
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