Ali Ag (Malaya) CJ:

The appellant, charged with an offence under s. 38(1)(b) of the Telecommunications Act 1950 (Revised 1970 Malaysia ActNo. 20) of having in possesion without a licence radio communication apparatus with a view to sale, pleaded guilty and was convicted.He was fined $100 and, in addition, the radio communication apparatus which was sezied by the police was ordered to be forfeited.His appeal is against the order of forfeiture on the ground that s. 43(1) of the Act which applies to an offence under s. 38(1)(b), gives the magistrate no power to order forfeiture.

In this case the radio communication apparatus was seized by the police, having obtained a search warrant from the magistrate under s. 39(2) of the Act, which provides for the granting of such warrant if the magistrate is satisfied on information on oath that there is reasonable ground for believing (a) that a radio communication station has been established or (b) that any radio communication apparatus has been installed or worked without a licence in any place in Malaysia or on board any local vessel or local aircraft.If there had been evidence of either (a) or (b) against the appellant he wou