Arifin b. Zakaria JC:

These two cases, which relate to offences under s. 3 and s. 3A of the Firearms (Increased Penalties) Act 1971 (the Act), were transmitted to the High Court by the learned President of the Sessions Court, Kota Bharu, purportedly acting under s. 11(1) of the Act. The preliminary issue raised at this stage is whether the learned President was right in making the said order of transmission. The answer to this question turns on the interpretation of s. 11(1) of the Act, which for convenience is set out below:

11(1) Where any case in respect of an offence under this Act is required by the public prosecutor to be tried by, the High Court, the accused person shall be produced before the appropriate subordinate Court which shall, after the charge has been explained to him, transmit the case to the High Court without holding a preliminary inquiry under Chapter XVII of the Criminal Procedure Code, and cause the accused person to appear or be brought before such Court as soon as may be practicable. (Emphasis added).

The learned Deputy Public Prosecutor contended that, on a literal interpretation of the said section, it clearly covers all offences under the Act, in