JUDGMENT

The accused is an Indian national and holder of Indian passport No.E 6589638. He arrived at Kuching International Airport on flight MH2504 from Kuala Lumpur at 10.15 a.m. on 17.3.2009. He had earlier taken a New Delhi - Kuala Lumpur flight MH191 on 16.3.2009. Upon his arrival at Kuching International Airport, he was observed by an officer of the Royal Malaysian Customs, Mohamed bin Taini, taking a box with the name "Samsung" on it from the conveyor belt. The box was tied with a rope and wrapped in bubble wrapper. The accused put in on a trolley and it was then that Mohamed bin Taini approached the accused and him to wheel the trolley to the Customs Examination counter not far from the said conveyor belt.

The box was opened by the accused with a knife supplied by another Officer of the Royal Malaysian Customs, Bidin bin Lotot. Inside the box was a television set ["TV set" and marked as Exh. P29]. Once it was placed on the counter, the suspicion of Bidin bin Lotot was aroused when he saw a black spot on the screen of the TV set. Mohamed bin Taini then attempted to switch on the TV set but found that it was not functioning. This led Assistant Superintendent of Customs, Simon Ti