Willan (Malayan Union) CJ:

The appellant, a youth of eighteen years of age, was charged with, and pleaded guilty to, the offence of carrying arms contrary to s. 3(1) of the Public Order and Safety Proclamation No. 50, promulgated on 31 January 1946 s. 3(1) reads as follows:

Any person who carries arms shall on conviction be punishable with death or with penal servitude for life or with imprisonment for a term which may extend to ten years and shall also be liable to a fine.

In the same proclamation "arms" is defined as including "any fire-arm, airgun, air-pistol, automatic gun, automatic pistol and any other kind of gun or pistol from which any shot, bullet or other missile can be discharged or noxious fumes can be emitted, and any kind of fire-arm whether of the same kind as those enumerated or not and also includes any hand grenade".

The facts of this appeal are that the appellant was challenged by a Detective Sub-Inspector at 9.40 p.m. on the 1 May 1946, on a road which lay on the outskirts of the town of Ipoh.When challenged the appellant at once threw a revolver on the ground and tried to make away.The Detective Sub-Inspector arrested the appellant, picked up the revolver