Salleh Abas LP:

This is a criminal reference under s. 66 of the Courts of Judicature Act (Act 91) which arose from the decision of Magistrate, Seremban on 19 January 1984 ordering an acquittal and discharge of the respondents herein without hearing any evidence of the prosecution.

The learned Deputy Public Prosecutor applied to the High Court at Seremban for a revision of the decision but the application was turned down. Hence the order of the Magistrate stood.

Upon application by the learned Deputy Public Prosecutor, the Supreme Court granted him leave to have the following question of law of public interest determined:

In view of Article 145(3) of the Federal Constitution and s. 173(c) and (f) of the Criminal Procedure Code, whether it is right in law for a Magistrate in a summary trial to acquit and discharge an accused person without hearing any evidence for the prosecution.

At our sitting on 2 December 1985 we answered the question in the negative and promised to give our written reason therefor. Hence this Judgment.

The record of this case shows that the case has been postponed no less than twelve times since the respondents were first charged on 9 January 1976 to th