SAMBASIVAM Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) This appeal is from an Order dated the 28th April, 1949, of the Court of Appeal of the Federation of Malaya (Willan, C.J., Bostock Hill and Spenser Wilkinson, JJ.) dismissing an appeal from a judgment dated the 22nd March, 1949, of the Supreme Court of Johore (Storr, J.) whereby the Appellant was convicted of carrying a firearm under Regulation 4 (1) (a) of the Emergency Regulations, 1948, and sentenced to death.

(2.) On the morning of the 13th September, 1948, the Appellant, who is an Indian Tamil clerk, was travelling on foot in the State of Johore in the company of two Chinese. They met a party of three Malays and a fight ensued in the course of which one of the Chinese was killed, and the Appellant was seriously wounded. The other Chinese escaped and has not, apparently, been heard of since. The Malays, who were armed with knives, alleged that they had been fired upon by the Chinese and that the Appellant had drawn and pointed a revolver at one of them before he had been wounded and disarmed. In connection with this incident the Appellant was later charged with carrying a firearm and being in possession of ten rounds of ammunition. These charges were preferred under Regulation 4 (1) of the said Regulations (hereinafter referred to as the Emergency Regulations) which reads as follows: -

(3.) By the Emergency (Criminal Trials) Regulations, 1948 (hereinafter referred to as the Trials Regulations) provision was made for a simplified procedure without any preliminary enquiry in the case of certain offences within the Federation. The applicability of the Trials Regulations, in so far as material, depends upon a certificate being given under Regulation 7 thereof which is in these terms: -