JUDGMENT

Shaik Daud Ismail JCA:

This is an appeal by the Public Prosecutor from the decision of the High Court which had rejected an application by the Public Prosecutor, to exercise its revisionary powers.

The facts of the case are that on 14 April 1994 as a result of a police report vide Jalan Bandar report No. 6191/94, the police arrested one Lim Chin Teik, the husband of the respondent in this appeal. On 5 May 1994 the said Lim Chin Teik was formerly charged in the Session Court Kuala Lumpur for an offence of criminal breach of trust under s. 409 of the Penal Code. He claimed to be tried and was released on bail of RM500,000.

In the course of their investigation, the police ascertained that the respondent herein was in possession of share scripts and money pertaining to the criminal breach of trust case. On 29 April 1994 the respondent turned up at Bukit Aman where her husband the said Lim Chin Teik was detained, and allegedly agreed that she would surrender all share certificates and cash RM70,000.

She failed to do so and thereafter never turned up at Bukit Aman. On 11 May 1994 at about 10.30am Corporal 64212 Hamidah bt. Abdul Rahman happened to meet the respondent at Block