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PR v Kang Ho Soh
Shankar J
F: Acting on information, police set up a
road block and stopped the accused.
When asked to come out of car,
accused resisted and put up struggle
before going to the boot. On being
questioned, accused belong the bag
belong to him, which later police found
heroin in the bag.
H:
1 - Whenever a pax was stopped by the
police as a result of prior information, it
would constitute arrest. at road block, it
constitute arrest
2 - When pax stopped by police as a
result of a general enquiry, there was
no arrest
- Judge did not find the distinction 2) Persons who may
between constructive and legal arrest is
helpful. Each decision should be made arrest
on facts of case and conclusion of facts