Hashim Yeop A Sani J:

This is an appeal by the Public Prosecutor against the order of acquittal by the learned President of the Sessions Court, Rawang. The respondent, Yap Kok Meng, was charged in the Sessions Court, Rawang with two offences under s. 9(a) of the Arms Act, No. 21 of 1960. The charges read as follows:

(1)That you between 27 September 1972 at about 6.30pm and 8.05am 22 December 1972 at Batu 14 KL-Ipoh Road, Rawang, in the District of Ulu Selangor, in the State of Selangor, have in your control a .25 Colt Automatic pistolNo. 396334 without being in possession of an arms licence or a arms permit and that you have thereby committed an offence punishable under s. 9(a) of the Arms Act No. 21 of 1960.

(2)That you on the same date, time and place, have in your control five rounds of .25 ammunition without being in possession of an arms licence or a arms permit and that you have thereby committed an offence punishable under s. 9(a) of the Arms Act No. 21 of 1960.

At the close of the prosecution case, the learned President acquitted and discharged the respondent of both charges without calling for his defence.

The facts of this case according to the evidence are a