Ravinthran Paramaguru JC:

[1] This is an appeal by the prosecution against the order of the magistrate to acquit and discharge the accused without calling for his defence at the close of the case for the prosecution. The only ground given by the learned magistrate in his judgment is that the prosecution did not comply with s. 31A of the Dangerous Drugs Act 1952.

Brief Facts Of The Case For The Prosecution

[2] The accused was charged with the offence of consuming and administering a dangerous drug to himself under s. 15(1)(a) of the Dangerous Drugs Act 1952. The accused who was represented by counsel pleaded not guilty. At the conclusion of the case for the prosecution, the learned magistrate ruled that the prosecution failed to establish a prima facie case. The evidence led by the prosecution can be briefly stated as follows: The accused is an army personnel based in the Semenggo Army Camp in Kuching. On 11 October 2006, one Sjn Azimin was found in the drug store of the Army Medical Centre in a state of hallucination. The Anti-drug Officer of the Camp decided to perform random screening of all personnel who had contact with Sjn Azimin. The accused was one of them. For this