JUDGMENTBY: GOPAL SRI RAM JCA (DELIVERING THE JUDGMENT OF THE COURT)

GOPAL SRI RAM JCA (DELIVERING THE JUDGMENT OF THE COURT) The appellant was convicted by the High Court at Kangar on two amended charges under s 57(1)(a) and 57(1)(b) of the Internal Security Act 1960, respectively, for having in his control a Colt .38 Special revolver and seven .38 Special bullets. The weapon formed the subject matter of the first amended charge, while the ammunition formed the subject matter of the second amended charge. The trial of the appellant was conducted under the provisions of the Essential (Security Cases) (Amendment) Regulations 1975 (the ESCAR). The conviction of which we have spoken a moment ago resulted in passing of the mandatory sentence of death upon the appellant. Against this conviction, the appellant appealed to this court.

We heard this appeal on 7 August 1995. At the conclusion of arguments, we allowed the appeal and acquitted the appellant. We now give the reasons for our decision.

The brief facts as revealed during the prosecutions case are as follows. On 1 September 1988, the appellant was being held in custody at the Alor Setar police station. On that day, at about 2.05pm

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