JUDGMENT

KC Vohrah JCA:

The appellant was charged in the Shah Alam High Court that he together with another person had trafficked in 86.47 grams of heroin on 13 September 1990 at about 1.45am at house No. 1, Jalan Taman Melur, Ampang, Hulu Langat, Selangor, an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act) and punishable under s. 39(B)(2) thereof.

At the close of the prosecution's case the High Court acquitted the appellant's female companion and called upon him to make his defence on the trafficking charge. The appellant elected to make his defence on oath. The court convicted him on the trafficking charge.

The High Court in convicting the appellant had principally relied on the cautioned statement made by the appellant to a Chief Inspector. That statement contained an admission that the police had examined his room and that in his wooden cupboard which he had kept locked the police found plastic packets of heroin. He admitted having previously sold several packets from the lot. He also admitted that a weighing machine was found in his cupboard.

The mainstay of the grounds supporting the appeal relates to the appellant's challenge to the admissibility of the