Tan Chiaw Thong J:

By this notice of motion the applicant applies under s. 66(1) and (6)(a) of the Courts of Judicature Act, 1964 to have reserved for the decision of the Federal Court what purports to be certain questions of law of public interest which had arisen in the course of the appeal of the applicant against his conviction for an offence punishable under s. 6 of the Dangerous Drugs Ordinance, which has been disposed of by this Court by ordering a retrial of the applicant. The purported questions of law set out in the notice of motion are five in number, but in the course of the hearing of the application, learned Counsel for the applicant abandoned the application in respect of the first three questions and the hearing of the application proceeded on the basis of it being confined to two questions, namely, questions 2(a) and 2(b) as set out in the notice of motion. The two questions read as follows:

2 (a) Can an appellate Court order a retrial under s. 316 of the Criminal Procedure Code in respect of charge under s. 6 of the Dangerous Drugs Ordinance when the only evidence produced by the

Government chemist witness for the prosecution did not sufficiently prove