Mohd Azmi Kamaruddin SCJ:

[1] The appellant was convicted for possession of a fire-arm under s 57(1)(a) of the Internal Security Act 1960 and sentenced to death by the High Court at Johore Baharu.

[2] The charge was on the following terms:

That you on 10 April 1984 at about 5.10 am. in the vicinity of an unnumbered house in Kampong Maju Jaya, Pekan Nenas, in the District of Pontian, in the State of Johor, within a security area as proclaimed by the Yang Di Pertuan Agong (vide Proclamation PU (A) 148 of 1969 dated 15 May 1969), without lawful excuse, did have in your possession a fire-arm, to wit, a revolver Colt 0. 38 Special serial number 811073 without lawful authority and that you thereby committed an offence under s 57(1)(a) of the Internal Security Act 1960 and punishable under s 57 of the same Act.

[3] The case for the prosecution could be summarised as follows. At about 4.00 am. on 10 April 1984, a suspect by the name of Tajuddin bin Zainon (PW2) whilst in police custody, led a police party to Kampong Maju Jaya, Pekan Nenas, Pontian, to affect the arrest of four persons in connection with an armed robbery committed in the vicinity. At an unnumbered plank house, Tajuddin