Low Hop Bing JCA (delivering judgment of the court):

NOTICE OF MOTION

Before us is the prosecution's application by way of notice of motion under s 56ACourts of Judicature Act 1964

FACTUAL BACKGROUND

This has been set out in the affidavit in support affirmed by the learned deputy public prosecutor Ms Nurulhuda Nur’aini bt Mohamed Nor.

The accused was charged in the Ipoh High Court with an offence of drug trafficking under s 39B(1)(a) Dangerous Drugs Act 1952

The accused was represented by counsel in the High Court.

On 29 January 2008, at the close of the prosecution's case, the learned trial judicial commissioner acquitted and discharged the accused without calling for defence.

On the basis of the evidence adduced for the prosecution at the trial, the affidavit in support averred that:

(a)On 20 May 2001, at about 8.30pm, SP5 together with his police party kept watch on the road leading to Kampung Tersusun, Tronoh Mines, in the district of Kinta, in the state of Perak;

(b)At about 9pm, SP5 saw four men, including the accused, walking from Kampung Tersusun towards the direction of the Ipoh-Lumut trunk road. Some 10 minutes later, the accused was seen walking from a food stall towards Kampung