Abdul Malek J

The accused had been charged for possession of three firearms and 48 rounds of ammunition at about 12.30 pm on 17 August 1984 at Jalan Ali Pitchay, Ipoh, which is within a security area by virtue of PU(A) 148/69.

The charges preferred against the accused read as follows:

First charge

That you on 17 August 1984 at about 12.30 pm at Jalan Ali Pitchay, Ipoh, in the district of Kinta, in the State of Perak, being a security area as proclaimed by the Yang di-Pertuan Agong vide PU(A) 148 dated 15 March 1969, without lawful excuse, did have under your control three firearms, to wit, Smith and Wesson .38 Special serial no J 602790, a revolver .22 and a Llama E Special serial no 18554 without lawful authority and that you have thereby committed an offence punishable under s 57(1)(a) of the Internal Security Act No 82 (Revised 1972).

Second charge

That you on the same date, time and place, being a security area as proclaimed by the Yang di-Pertuan Agong vide PU(A) 148 dated 15 March 1969, without lawful excuse, did have under your control 48 rounds of ammunition, to wit, 5 rounds of .38 special bullets and 43 rounds of .22 bullets without lawful authority and that you have thereby committed an offence punishable under s 57(1)(b) of the Internal Security Act No 82 (Revised 1972).

The prosecution relied mainly on the evidence of Detective Lance Corporal 55586 Rosli Mohd Zyed (PW1) who told the court that, after receiving information as regards the presence of firearms and ammunition in a particular car, he had kept watch on a BMW 323i car registration no BCB 6096 which was parked in front of Diamond Hotel at Jalan Ali Pitchay, Ipoh. After about ten minutes, he had seen the accused approaching the said car and getting into it.

While the accused was seated in the car, PW1 said he identified himself to the accused who had then tried to start the engine but was prevented from doing so by PW1 who took away the key. According to PW1, the accused had at that stage bent down to retrieve something from below him. PW1 added that the accused was accordingly detained by him and he subsequently took the accused to the Diamond Hotel to telephone for assistance. While waiting for police reinforcements, PW1 said he continued observing the said car, which had been locked after the accused was detained, and did not see anyone else approaching it.

On the arrival of the police party, Inspector Kamaruddin Yusoff (PW2) had driven the car to the police station with the accused sitting in the rear seat flanked by PW1 and DPC 64982 Jamal Hj Harun (PW3). At the police station, PW2 had conducted a search of the car in the presence of his police party and the accused and had recovered the firearms and ammunition in a white plastic bag and green purse beneath the driver's seat. PW2 accordingly lodged a police report to that effect.

I agreed with learned counsel for the accused that this report should be admitted in evidence as although PW1 stated that he had reduced the information received in writing in his diary he was not able to produce the diary. To my mind, PW1's recording of the information in his diary was not the first information report especially since he was not able to produce it and this was agreed to by the investigating officer Inspector Abdul Wahab (PW5). Furthermore, I felt the production of the police report by PW2 was relevant to ascertain whether PW2 had stated in that report as to whether the accused had offered him a $20,000 bribe if PW2 released him as he had told the court in his testimony.

According to PW5, the said car had been returned to the accused through his brother two years after the incident as its condition was deteriorating. The police armourer ASP Ishak Hj Hashim (PW8) testified that the firearms were serviceable although some of the bullets tested had misfired. The assistant director of Jabatan Pengangkutan Jalan, Selangor (PW7) told the court that the said car had been registered in the name of the accused since A