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1997 MarsdenLR 298

HIGH COURT MALAYA MELAKA
PUBLIC PROSECUTOR – Appellant
Versus
SHEE CHIN WAH – Respondent


JUDGMENT

Suriyadi Halim Omar J:

In brief the prosecution's case is that on receipt of information PW5 and a police party went to Air Keroh Toll Plaza at about 3.30am. There they stopped a white Proton Wira bearing registration No. JDQ 7643 driven by the accused who was alone. He was requested to drive the car to the side and after alighting, produced a packet of cigarettes carrying the trade name of Dunhill, from which were retrieved 12 rolls of cigarettes and a roll of nipah leave which contained suspected ganja. The accused thereafter was asked to open the boot and in the spare tyre compartment was found a plastic bag, later confirmed to contain cannabis, as defined under the Dangerous Drugs Act 1952 (Act 234). At this stage the accused was supposed to have said, "itu ganja" and "bagilah saya peluang". The admissibility of these remarks were objected to by the accused on the basis that no caution was read out eventhough he was already under arrest. The prosecution subsequently charged him for trafficking 2.7 kilogram of cannabis.

The prosecution called six witnesses of whom five were formal ones with the exception of PW5 who was the raiding officer. The witnesses comprised PW4 who i

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