JUDGMENT

Gopal Sri Ram JCA:

[1] This is the judgment of the court.

[2] This is an appeal by the Public Prosecutor against the decision of the High Court in Ipoh acquitting and discharging the respondents on the charge framed under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act") read with s. 34 of the Penal Code without calling upon their defence. The facts relevant to this appeal may be shortly stated. On 24 January 2002 at about 10pm PW3, PW4 and PW5, all police officers were on their rounds. At about that time they came to the Tapah rest area. Their evidence is that they saw the respondents acting suspiciously. According to PW3 and PW5 the first respondent was seated on a motorcycle number AEF 2360. The second respondent was standing next to the motorcycle. The police, suspecting that something was afoot, approached the two respondents and identified themselves as police officers. Thereupon the respondents took flight. They ran in different directions. They were eventually apprehended. While his fellow policemen were pursuing the respondents PW5 stood guard over the motorcycle. He noticed a black sling bag (exh. P12) in the motorcycle's carrier. After their arrest the re