JUDGMENT

Spenser-Wilkinson J:

This was an application by was of motion by the Deputy Public Prosecutor that the Court should hear further arguments in Criminal Appeal No. 39 of 1949 and view its judgment therein. The appeal in question, which was heard before me on the 17 October was against the acquittal of Heng You Nang by the Sessions Court upon certain charges under the Customs Enactment. At the conclusion of the Deputy Public Prosecutor's argument I dismissed the appeal upon grounds which I now proceed to set out.

The accused was charged in the Sessions Court as follows:

I. That you being Nakhoda of local craft No. 15 did on 26 May 1949 at about 5 a.m. at Pengkalan Bake Batu, Sepang, make a declaration for the consideration of an officer of Customs, that is to say, a declaration that you had no cargo on board the said local craft, the same declaration being untrue or incorrect, thereby committing an offence under s. 113(i)(b) of the Customs Enactment Cap. 5 of 1936, and punishable there-under.

II. That you Heng You Nang did on 27 May 1949 at about 5 a.m. at the mouth of Sepang River, Sepang export goods, to wit 110 bags of flour and ten cartons of green peas, in contraventi