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2001 MarsdenLR 1787

AUGUSTINE PAUL
PP – Appellant
Versus
HAIRUL DIN ZAINAL ABIDIN – Respondent


Advocates:
For the prosecution - Azhar Abdul Hamid, DPP
For the accused - Gobind Singh Deo; M/s Karpal Singh & Co

JUDGMENT

Augustine Paul J:

The accused in this case was charged with trafficking in 953.2 grammes of cannabis, an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952("the Act") and punishable under s. 39B(2) of the Act.

On 16 June 2000 Chief Inspector Yap Huat Tian (PW4) led a team of eight police officers, which included detective Lance Corporal Lim Hee Jiang (PW3) and Corporal Romli, to premises number Block 4, Desa Tun Razak, Sungei Besi, Kuala Lumpur ("the premises") to conduct an arrest operation. PW3 and Corporal Romli were directed to be at the ground floor of the premises to conduct surveillance duty. PW4 was at a higher floor for the same purpose. He and PW3 communicated with each other with the aid of a walkie talkie. At about 11.15 p.m. PW4 instructed PW3 to arrest a male Malay who was walking towards the lift. He then came down immediately by using the lift. When he came down PW3 and Corporal Romli had already arrested the male Malay who is the accused. PW3 said that the accused attempted to escape upon Corporal Romli identifying himself as "police" but was not successful. When the accused was arrested PW3 took possession of a white plastic bag with the word "sta

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