(Oral)

Gopal Sri Ram JCA (judgment of the court):

There are two appeals before us. Both relate to the same subject matter. They arise out of the conviction of the appellant before us (the second accused in the court below) on a charge, amended by the court, under s. 39A(2) of the Dangerous Drugs Act 1952 ("the Act").

The Public Prosecutor has appealed, complaining that the conviction on the reduced charge under s.39A(2) was an error on the part of the court below. The second accused has appealed to us on the ground that he ought not to have been convicted of any offence whatsoever. To better understand these appeals regard must be had to the facts. We will now narrate them.

On the morning of 12 August 1997 Chief Inspector Fisol bin Salleh (PW4) received information that a transaction relating to dangerous drugs would be taking place later that same day at the Kentucky Fried Chicken outlet at Jalan Sulaiman, Kajang. PW4 then briefed a team of police officers. Later they all proceeded to the scene and laid an ambush. This was at about 2.45pm that day.

The police divided themselves into three teams. They were all in plain clothes. One of them took position inside the outlet.