JUDGMENT
[1] This appeal deals with an issue which frequently vexes the Court in the exercise of its criminal jurisdiction, that is, when should an order for discharge amounting to an acquittal under s 254 of the Criminal Procedure Code [CPC] be granted. As is obvious, such an order or a refusal to grant this order has far-reaching implications. I am compelled to explain my views on the issue so that there is clear and proper guidance from this Court.
[2] At the hearing of this appeal, the learned Deputy Public Prosecutor [DPP] rose to inform the Court that the investigations into the offence for which the appellant is charged "are completed" and the Public Prosecutor has "decided not to proceed with the charge in this case against the appellant". As to the appropriate orders that the Court should make in such event, the learned DPP did not file any written submissions to this appeal, and offered no oral submissions except to say that the prosecution has decided to leave the answer to the issue "to the wisdom of the Court". This is most unfortunate as I found no written submissions filed by the learned DPP in the Courts below either; but that, thankfully, had not deterred both the High Court and the Court of Appeal in providing reasoned grounds for their respective decisions.
[3] While I did not have the benefit of wise counsel from the learned DPP, I was substantially and most ably assisted by both lead and junior counsel for the appellant. For this, I record my appreciation.
Undisputed Facts
[4] On 6 September 2018, the appellant was charged under s 130V of the Penal Code, a charge to which he entered a plea of not guilty after the charge was read to him:
"Bahawa kamu di antara 1 Januari 2015 hingga 7 Februari 2017, di alamat MV Empayar Sdn Bhd, No 1-B, Jalan Perniagaan Masria 1, Pusat Perniagaan Masria, Batu 9, Cheras, di daerah Hulu Langat, di dalam Negeri Selangor Darul Ehsan, telah didapati menjadi ahli kumpulan jenayah terancang "Geng 360 Devan", dan oleh yang demikian kamu telah melakukan satu kesalahan di bawah s 130V(1) Kanun Keseksaan dan boleh dihukum di bawah peruntukan yang sama."