JUDGMENT

Abdoolcader J (delivering oral judgment):

The Public Prosecutor appeals against the order made in this case in the Special Sessions Court at Ipoh on 7 July 1975 in respect of the respondent who pleaded guilty to two charges of unlawful possession of a Stirling .25 automatic pistol and six rounds of .32 ammunition respectively being offences punishable under s. 9(a) of the Arms Act, 1960 when the Special President by way of sentence applied the provisions of s. 294 of the Criminal Procedure Code and, instead of sentencing him at once to any punishment, ordered that he be bound over in respect of each of the two charges for a period of two years in one surety in the sum of $2,000. The respondent's mother was directed to stand surety although the probation officer in his report, for some strange reason best known to himself, specifically advanced the suggestion that the respondent's mother should not be a surety and that the respondent should be released on his own recognizance and cautioned.

The charge against the respondent in respect of his unlawful possession of the automatic pistol was initially framed under s. 8 of the Firearms (Increased Penalties) Act, 1971 which of