JUDGMENTBY: ONG HOCK THYE AGCJ (MALAYA)

The appellant was tried in the High Court at Johore Bahru on the following charges:

(1) "That you at about 6.00 a.m. on the 17.8.64 in the Security Area

as proclaimed by the Yang di-Pertuan Agong vide FLN. 243 of 13th

August, 1964 namely Kg. Hospital, Pontian Besar, in the District

of Pontian, in the State of Johore, without lawful excuse had

under your control a firearm, to wit, one rifle without lawful

authority and that you have thereby committed an offence

punishable under section 57 (1)(a) of the Internal Security Act,

1960."

(2) "That you at about 1.35 p.m. on the 17.8.64, in the Security Area

as proclaimed by the Yang di-Pertuan Agong vide FLN. 243 of the

13th August, 1964 namely Kg. Hospital, Pontian Besar, in the

District of Pontian, in the State of Johore, without lawful

excuse had under your control ammunitions, to wit, 2 handgrenades

and 35 rounds of .303 ammunition without lawful authority and

that you have thereby committed an offence punishable under

section 5