Vincent Ng Kim Khoay JC:

The Accused was charged as follows:

1st Charge:

That you on 6 October 1986 at about 6.50 a.m. at a house No. 451-P, Jalan Pokok Cherry, Air Itam, in the District of Georgetown, in the State of Penang, within security area as proclaimed by the Yang di Pertuan Agung vide P.U.(A) 148 dated 15 May 1969, without lawful excuse did have in your possession firearms, to wit, one .38 Smith and Wesson Special revolver bearing No. (Yoke) 51327 mod. 10- 5, one .38 Smith and Wesson Special revolver bearing No. (Yoke) 67601 mod. 10-5, and one .38 Smith and Wesson Special Revolver bearing No. 24152, without lawful authority, that you have thereby committed an offence under s. 57(1)(a) of the Internal Security Act 1960 (Revised 1972) and punishable under s. 57(1) of the same Act .

2nd Charge:

That you on 6 October 1986 at about 6.50 a.m. at a house No. 451-P, Jalan Pokok Cherry, Air Itam, in the District of Georgetown, in the State of Penang, within security area as proclaimed by the Yang di Pertuan Agung vide P.U.(A) 148 dated 15 May 1969, without lawful excuse did have in your possession ammunitions, to wit 86 rounds of .38 inch Special without lawful authority, and that you have thereby committed an offence under s. 57(1)(b) of the Internal Security Act 1960 (Revised 1972) and punishable under s. 57(1) of the same Act .

At the opening speech of the learned Deputy Public Prosecutor, Encik Kamardin bin Hashim (assisted by Encik Ahmad Shahrir bin Haji Mohd. Salleh) stated that the prosecution would prove both the charges by direct and circumstantial evidence.

The prosecution called two material and principal witnesses, being ASP Sat Pal Jain s/o Churanji Lal (PW3) and Insp. Tan Boon Hooi (PW9).

PW3 stated that on 6 October 1986 at 6.50 a.m. he led a police raiding party to raid a house No. 451- P, Jalan Pokok Cherry, Air Itam, Pulau Pinang (hereinafter called the said house) together with 16 other police officers including PW9. He and the said members of the raiding party entered the compound of the said house through the front gate of the fence which was (until then) closed but not padlocked. When they entered the house compound PW3 saw, on the right at a distance of approximately 12 to 15 feet away from him, a male Chinese (identified as the Accused) walking towards him to the said front gate while at the same time holding a grey bag (identified as P4) in his right hand. As soon as the Accused saw the police raiding party he tried to escape and PW3 and the other officers of the raiding party shouted "Berhenti, Polis! Polis" while they chased after the Accused. PW3 together with three other raiding officers then apprehended the Accused after some struggle which resulted in the singlet worn by the Accused being torn, blood stained and divested from his person. The moment the Accused was caught, P4 which he was then holding fell onto the floor and he was then immediately handcuffed.

P4 was then examined in front of the Accused and when the bag was unzipped they found the following items:

(1) a glucose tin (P5) within which contained one yellow plastic bag (P5 (A) which held 39 live bullets of .38 special calibre (P5 (B)).

(2) one dark blue coloured sock (P6) which held 15 live bullets of .38 special calibre (P6 (C)).

(3) one grey coloured sock (P7 (A)) which held 18 live bullets (P7 (C)) of a .38 special calibre.

(4) one white coloured sock with blue stripes (P8 (A)) which held 14 live bullets of a .38 special calibre (P8 (C)).

(5) one blue coloured sock (P9 (A)) which held one Smith & Wesson Special revolver bearing serial No. 51327 (P9 (C)).

(6) one blue coloured sock (P10 (A)) which held one Smith & Wesson Special revolver bearing Serial No. 67601 (P10 (C)).

(7) one white coloured sock (P11 (A)) which held one Smith & Wesson Special revolver bearing Serial No. 24152 on its butt ( P11 (C)) .

(8) one pair of handcuffs of "Super - K" brand (P14).

This witness also said, to quote: "Tiada lain-lain