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

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[16] When the appellant was about to ride the said motorcycle, he
saw a black coloured plastic bag (exhibit “P5C”) in the carrier basket of
the said motorcycle. He said that he did not open the black coloured plastic
bag (exhibit “P5C”) because he thought that it was a rain coat belonging to
his wife. He said that he often see his wife kept two raincoats in the carrier
basket of the said motorcycle for herself and for their child. He testified that
the black coloured plastic bag (exhibit “P5C”) was like the ones marked as
exhibits “P6B” and “P6C” in the photographs at pages 144 and 145 of the
appeal record respectively.
[17] When they introduced themselves as “Polis”, the appellant said
that he was still seated astride the motorcycle. Then two male persons
approached him to his right and one female person flanked him to his left.
He was directed to alight from the motorcycle. Both his hands and legs
were handcuffed (“Tangan dan kaki saya digari”) – see page 78 of the
appeal record when the appellant gave evidence at the examination-in-
chief stage.
[18] He denied that, at any time, he tried to escape.
[19] According to him, the police examined the carrier basket of the
motorcycle and took out a black coloured plastic bag (exhibit “P5C”). The
police open the black coloured plastic bag (exhibit “P5C”) in his presence
and told him that it contained “ganja”.