Ong Hock Thye (Malaya) AGCJ:

The appellant was tried in the High Court at Johore Bahru on the following charges:

(1)"That you at about 6.00 a.m. on 17 August 1964 in the Security Area as proclaimed by the Yang di-Pertuan Agong vide FLN 243 of 13 August 1964 namely Kg Hospital, Pontian Besar, in the District of Pontian, in the State of Johore, without lawful excuse had under your control a firearm, to wit, one rifle without lawful authority and that you have thereby committed an offence punishable under s. 57(1)(a) of the Internal Security Act, 1960."

(2)"That you at about 1.35 p.m. on 17 August 1964 in the Security Area as proclaimed by the Yang di-Pertuan Agong vide FLN 243 of 13 August 1964 namely Kg Hospital, Pontian Besar, in the District of Pontian, in the State of Johore, without lawful excuse had under your control ammunitions, to wit, two handgrenades and 35 rounds of 303 ammunition without lawful authority and that you have thereby committed an offence punishable under s. 57 (1) (b) of the Internal Security Act, 1960."

At the close of the prosecution the DPP conceded that there was no case to answer on the first charge. Thereupon the appellant was formally acqu