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1993 MarsdenLR 1319

ABDUL MALIK BIN, ISHAK
PUBLIC PROSECUTOR – Appellant
Versus
TAY BEE SENG – Respondent


Advocates:
For the Public Prosecutor - Zulkifli Bakar, DPP
For the Accused - Gurbachan Singh

JUDGMENT

Hj. Abdul Malik Bin Hj. Ishak JC:

The Accused was charged with trafficking in dangerous drugs, to wit, heroin weighing 107.97 grammes at about 11.15 a.m. on 29 June 1987 at Simpang Jalan Perumahan 1 Kos Rendah, batu 2/ Simpang Road, Taiping, Perak, 2 an offence under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under s. 39B(2) of the same Act.

According to the evidence led by the prosecution, on 29 June 1987, at about 8.30 a.m., Acting ASP Khoo Guan Leong (PW5-Khoo, for short) then an officer attached to the Cawangan Anti Dadah, Ipoh received certain information and, without further ado, summoned a team of his men - four in all, including Detective Lance Corporal 56040 Shafie bin Mat (PW6-Shafie, for short), Detective Constable 869821 Mak Leng Seng, Detective Constable 89457 Selvarajah and Detective Constable 689561 Lian Kian Hock, to action.

Having briefed his men as to their respective roles in an 1 ambush he was proposing to conduct at 2/ milestone 2 Simpang Road, Taiping, Khoo and his entire team of men proceeded to the scene and arrived there at about 11.15 a.m. Upon arrival, as arranged Khoo and Detective Mak took up positions at point E in

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