JUDGMENT

Raja Azlan Shah J:

The appellant was an inspector in the Royal Malaysian Police Force and thus a public servant. He was tried with two charges for offences punishable under s. 218 Penal Code, and with one charge for an offence punishable under s. 204 Penal Code. He was convicted on all charges and has now appealed.

The facts of this case are very simple. On 13 July 1966 at about 10.50 a.m. traffic police constable 72 brought in a lorry containing wet sand which was suspected of being overloaded. On duty at the enquiry office were the sergeantin-charge (PW1), a corporal (PW4), and a police constable (PW2). PW2 made an entry in the station diary regarding, the said lorry (serial No. 7238, time 10.55 am). The appellant was the duty officer. Inspector Sakunathan (PW5) then weighed the said lorry and found it to be in excess of one ton four cwt two qt of the permissible laden weight. The maximum permissible weight of the lorry was eight tons. The excess weight was punched on the weighing cards (Exh. P3). Three such cards were issued, one to the driver of the said lorry, the second was affixed to the original report, and the third was inserted in the weight register. The excess