Mohd Azmi SCJ:

[1] At a joint trial of the appellant and one Lim Ah Wang, the appellant was convicted by Abdul Malek J on two counts under s 57(1) of the Internal Security Act 1960 (revised 1972), in the Kota Bharu High Court and sentenced to death. On the first charge he was found guilty of being in possession without lawful authority, of a .22 pistol No 94776 in a security area at a police road block along the Rantau Panjang-Pasir Mas Highway on 22 September 1984 at about 12.30 pm, an offence punishable under s 57(1)(a).

[2] On the second charge, he was found guilty under s 57(1)(b) of being in possession of thirty-three rounds of 22 ammunition without lawful authority at the same time and place. The pistol was found tucked in the front part of his trousers loaded with nine rounds of ammunition. Another 24 rounds of ammunition were found in a polythene bag in his right hand trousers' pocket. However, Lim Ah Wang who was charged under s 58(2) for consorting with the appellant in the circumstances which raised a reasonable presumption that he knew that the appellant was in unlawful possession of the firearm and ammunition, was found not guilty and acquitted at the close of th