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rayuan jenayah no. b-05-18-2009 antara faisal bin abd. aziz

rayuan jenayah no. b-05-18-2009 antara faisal bin abd. aziz

rayuan jenayah no. b-05-18-2009 antara faisal bin abd. aziz

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(c) On the last issue of information under Section 27 of the<br />

Evidence Act, that section reads as follows:-<br />

“27. (1) When any fact is deposed to as<br />

discovered in consequence of information received<br />

from a person accused of any offence in the custody<br />

of a police officer, so much of that information,<br />

whether the information amounts to a confession or<br />

<strong>no</strong>t, as relates distinctly to the fact thereby discovered<br />

may be proved.”.<br />

It is trite law that Section 27 of the Act is to be read<br />

independently from the provisions pertaining to<br />

confession under Section 24 of the Act. Reference on<br />

this matter can be seen in the cases of: Gooi Ching Ang<br />

v PP [1999] 1 CLJ 829; Hanafi <strong>bin</strong> Mat Hassan v PP<br />

[2006] 4 MLJ 134; and Francis Antonysamy v PP<br />

[20<strong>05</strong>] 2 CLJ 481.<br />

Furthermore in this instant appeal, the information<br />

was given in the hearing of SP2, who as discussed<br />

earlier, was an agent provocateur and thus protected<br />

under Section 40A(2) of the Dangerous Drugs Act<br />

1952, which under the law makes the information<br />

admissible as evidence at the trial. There are <strong>no</strong> two<br />

ways about that.<br />

Furthermore, the rationale of the admissibility of<br />

information under Section 27 is because the fact of<br />

14

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