JUDGMENT

Gopal Sri Ram JCA:

[1] This is the judgment of the court.

[2] There are two appeals before us this morning. One is by the prosecution. The other is by the accused. The background to these appeals is as follows.

[3] On 29 June 2001, at about 2.30pm PW5 (Chief Inspector Roslan bin Hussin) acting on information that he received, took a team of police officers to an apartment block at Taman Miharja. On arrival the police personnel took their position near a parking lot close to Lot 25 B 1, Condo Sri Miharja. After about 30 minutes had passed, PW5 saw a Chinese male, later identified as the accused, emerge from block 25 B 1. He saw the accused head towards a motorcar No. WFP 2429. According to PW5 and his fellow officer PW6 (Detective Sub-Inspector Teoh Soy Lim) the accused carried a red plastic bag (exh. P15) in his left hand. The accused then entered the car which was proven to belong to him. At this juncture, PW5 and his team went to the car, asked the accused to get out of it and identified themselves as police personnel. PW5 then administered to the accused the caution prescribed by s. 37A of the Dangerous Drugs Act 1952 ("the Act"). The accused remained silent. The car wa