PK AGRO-INDUSTRIAL PRODUCTS (M) SDN. BHD

PK AGRO-INDUSTRIAL PRODUCTS (M) SDN. BHD

Prosecution proved all elements of the offence: (1) discharge of industrial effluent from the final treatment outlet, (2) lab analysis established COD concentration 580 mg/l exceeding Standard B limit 200 mg/l, and (3) effluent entered inland/public waters; defence evidence did not create reasonable doubt because tests relied on by accused were not contemporaneous; accordingly accused is guilty under Regulation 12(b) and is sentenced to a fine of RM20,000; application to suspend execution of sentence refused for lack of special reasons.

Citation
NA-63ES-17-06/2022 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Respondent/accused: PK AGRO-INDUSTRIAL PRODUCTS (M) SDN. BHD.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 July 2025
Case Number
NA-63ES-17-06/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Prosecution for Environmental/regulatory Offence / Judgment and Sentencing
Outcome
Accused convicted of offence under Regulation 12(b) of the Environmental Quality (Industrial Effluent) Regulations 2009 and fined.
Legal Topics
Effluent Discharge, Chemical Oxygen Demand (cod) Limits, Prima Facie Test, Sentencing, Stay of Execution of Sentence
Source Language
Malay/English
Environmental Law Criminal Procedure Regulatory Enforcement Effluent Discharge Chemical Oxygen Demand (cod) Limits Prima Facie Test Sentencing Stay of Execution of Sentence

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Parties

PENDAKWA RAYA

Prosecution

PK AGRO-INDUSTRIAL PRODUCTS (M) SDN. BHD.

Respondent/accused

Procedural Posture

Criminal Prosecution for Environmental/regulatory Offence / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused discharged industrial effluent containing COD in excess of Standard B limits
  2. 2 Whether the prosecution adduced a prima facie case requiring the accused to enter defence
  3. 3 Whether the defence raised reasonable doubt sufficient to acquit

Ratio Decidendi

Prosecution proved all elements of the offence: (1) discharge of industrial effluent from the final treatment outlet, (2) lab analysis established COD concentration 580 mg/l exceeding Standard B limit 200 mg/l, and (3) effluent entered inland/public waters; defence evidence did not create reasonable doubt because tests relied on by accused were not contemporaneous; accordingly accused is guilty under Regulation 12(b) and is sentenced to a fine of RM20,000; application to suspend execution of sentence refused for lack of special reasons.

Court Disposition

Accused convicted of offence under Regulation 12(b) of the Environmental Quality (Industrial Effluent) Regulations 2009 and fined.

Orders

  • Accused PK Agro-Industrial Products (M) Sdn. Bhd. convicted as charged under Regulation 12(b) of the Environmental Quality (Industrial Effluent) Regulations 2009.
  • Impose fine of RM20,000.00.