rayuan jenayah no: a-05-120-2009 antara mohd kamal bin osman

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4 Serai area and heading towards Taiping. As the motorcycle in question ridden by the target went past SP4, SP4 saw a black coloured plastic bag (exhibit “P5C”) in the carrier basket of the said motorcycle. SP4 immediately used a handset to contact and alert Inspector Ng Wei Boon to tail the said motorcycle. At that time, the said Inspector was leading team number 3 in another motor car and was located by the road side of Simpang Empat near to the Kamunting toll. The said Inspector and his team tailed the said motorcylist – the target, from behind. SP4, who was driving a motor car, followed suit. [6] When the target arrived near the Kamunting traffic lights, he stopped his motorcycle. SP4 also stopped his motor car alongside the motorcycle and he saw, once again, the black coloured plastic bag (exhibit “P5C”) in the carrier basket of the said motorcycle. When the traffic light turned green, the target continued riding his motorcycle towards the direction of Simpang, Taiping. SP4 continued to follow the target. At 2½ milestone, Jalan Simpang, Taiping, SP4 ordered the target to stop his motorcycle by overtaking and hemming him to the side of the road and at the same time shouting the word “Polis” at the target. This forced the target to stop his motorcycle by the side of the road. SP4 quickly alighted from his motor car and wanted to check the target (now identified as the appellant). But the appellant tried to run away and his motorcycle also fell.
5 [7] SP4 succeeded in apprehending the appellant with the assistance of the other members of the police party. [8] SP4 conducted a body search on the appellant but nothing incriminating was found on him. SP4 then examined the motorcycle in the presence of the appellant and the police party and found a black coloured plastic bag (exhibit “P5C”) in the carrier basket of the motorcycle ridden by the appellant. The photograph at page 145 of the appeal record shows the black coloured plastic bag with the drugs in question. [9] When SP4 opened the black coloured plastic bag (exhibit “P5C”), he found four (4) compressed slabs of plant materials suspected to be cannabis. SP4 also detected the pungent smell of the cannabis emanating from the black coloured plastic bag (exhibit “P5C”). [10] The evidence of SP4 was amply corroborated by SP5. SP5 travelled in the said motor car with SP4 and SP5 gave a running commentary on similar terms like SP4 in regard to the narration of the events preceding the arrest of the appellant. SP5 emphasised that the appellant rode the said motorcycle alone throughout the episode and that the appellant tried to run but was duly arrested. [11] In due course the government chemist – Miss Lam Yoke Ching (SP6), confirmed that the four (4) compressed slabs of plant materials to be
Page 1 and 2: 1 DALAM MAHKAMAH RAYUAN MALAYSIA (B
Page 3: 3 [3] The appellant elected to give
Page 7 and 8: 7 [16] When the appellant was about
Page 9 and 10: 9 is not concerned as to the owners
Page 11 and 12: 11 was sanctioned by the Federal Co
Page 13 and 14: 13 [30] Likewise SP5 also testified
Page 15 and 16: 15 [36] Here, the learned High Cour
Page 17 and 18: 17 [42] We will now reproduce the d
Page 19 and 20: 19 burden is always on the prosecut
Page 21 and 22: 21 “Bertindak atas maklumat dadah
Page 23: Cases referred to in this judgment:

rayuan jenayah no: a-05-120-2009 antara mohd kamal bin osman

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