JUDGMENT

Spenser Wilkinson, J

My attention has been drawn to this case on the question of the order for one year's police supervision.

The learned President convicted the accused and, under the provision of section 290 of the Criminal Procedure Code, released him on a bond to be of good behaviour.

It is to be observed that in Section 290 the Code uses the expression:-

"The Court may, instead of sentencing him at once to any punishment, direct that he be released "

Section 12(4) of the Criminal Procedure Code provides that "a District Court may, in addition to any other punishment to which it may sentence him, direct that he shall be subject to the supervision of the police". In Public Prosecutor v Ng Teck Chuan KL - Miscellaneous Application No 16 of 1947 (unreported) it was held that binding over under section 294 of the F.M.S. Criminal Procedure Code was not a "punishment" and that as payment of compensation and costs under section 426 can only be ordered "in addition to any other punishment" such an order could not be made where the accused was only bound over. In my opinion the result of the similar wording in section 12(4) is that if no "punishment" is inflicted on the accused, no o