JUDGMENT

Abdul Hamid Omar Acting LP:

This was an appeal by the Public Prosecutor against the decision of the learned Judge in the High Court at Alor Setar on 1 October 1986 where the respondent was acquitted and discharged without his defence being called. The respondent was tried for trafficking in 128.80 grammes of heroin (the drug) on 25 October 1983, in contravention of s. 39B(1) (a. of the Dangerous Drugs Act No. 30/52 (Laws of Malaysia Act 234) and punishable under s. 39B(2) of the same Act.

In the course of the trial the Investigating Officer testified that he received the drug together with other exhibits and personally sent them to the government chemist on 28 October 1983 and 4 April 1984 under seal. He received them back from the Chemistry Department together with two chemist reports (produced and marked as Exhibits P25 and P26. on 14 February 1984 and 7 May 1984. These reports were served on the respondent on 24 May 1984 pursuant to s. 399 of the Criminal Procedure Code by one Detective Police Constable 56729 Yunan.The respondent acknowledged receipt by endorsing on the reverse of P25 and P26. For some reason DPC Yunan was not called by the prosecution to testify nor wa