FEDERAL COURT (PUTRAJAYA)
RAUS SHARIF, PCA, RICHARD MALANJUM, CJ, HASHIM YUSOFF, J, ABDULL HAMID EMBONG, J, AHMAD MAAROP, FCJJ
Siew Yoke Keong – Appellant
Versus
Public Prosecutor – Respondent
BACKGROUND
The appellant — Siew Yoke Keong ('Siew') was retried in the High Court on the charge of trafficking in 1,583.4g of dangerous drugs (1,452.1g of heroin and 131.3g of monoacetylmorphines) on 13 August 1997, at about 1.50am at house No 3, Lot 6862-A, Lorong 3D, Kampung Baru Subang, in the District of Petaling, in the State of Selangor, an offence under s 39B(1)(a) Dangerous Drugs Act 1952 ('DDA')s 39B(2)
THE PROSECUTION'S CASE
The evidence adduced by the prosecution is as follows. Acting on information received on 13 August 1997 at about 12.30am, DSP Yap Seng Hock ('PW6') and a team of police personnel which included Sgt Major Mohd Kasim bin Awang Noh ('PW5') waited in ambush in the vicinity of house No 7 Jalan 3, Taman Subang. At about 1.10am on the same date, a car arrived in front of the house. The driverwas the only person in the car. The car did not stop. It proceeded to the end of the road, and about 2–3 minutes later, it turned back and stopped in front of the house. The driver — who was Siew, got out of the car. PW6 and his team pounced on Siew, identified himself as a police officer and arrested Siew. At that time Si
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