DBD TEGUH ENTERPRISE

DBD TEGUH ENTERPRISE

The court convicted the defendant for permitting an overloaded vehicle in breach of s57(1)(b)(vi) read with s57(3) APAD 2010; having accepted the prosecution evidence and guilty plea, the court imposed a RM7,000 fine as a proportionate sentence and, because the offence and that the vehicle was the subject matter were proved, ordered mandatory forfeiture of vehicle DBH5304 to the Government under s80(4) APAD 2010.

Citation
KA-87-762-06/2025 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Defendant/operator: DBD Teguh Enterprise
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 June 2025
Case Number
KA-87-762-06/2025 (Mahkamah Majistret)
Procedural Posture
Criminal (offence Under Akta Pengangkutan Awam Darat 2010) / Magistrate Court Conviction and Sentencing; Notice of Appeal Filed
Outcome
Defendant convicted; fined RM7,000; vehicle DBH5304 forfeited to Government; notice of appeal filed by defendant
Legal Topics
Overloading, Vehicle Forfeiture, Sentencing, Magistrate Jurisdiction, Section 80 APAD
Source Language
Malay/English
Transport Law Criminal Law Regulatory Enforcement Overloading Vehicle Forfeiture Sentencing Magistrate Jurisdiction Section 80 APAD

Case Brief

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Parties

Public Prosecutor

Prosecutor

DBD Teguh Enterprise

Defendant/operator

Procedural Posture

Criminal (offence Under Akta Pengangkutan Awam Darat 2010) / Magistrate Court Conviction and Sentencing; Notice of Appeal Filed

Legal Issues

  1. 1 Whether the operator committed an offence under Section 57(1)(b)(vi) read with Section 57(3) APAD 2010 by permitting an overloaded vehicle to be used on a road
  2. 2 Whether the vehicle DBH5304 is the subject matter of the offence and therefore liable to forfeiture under Section 80(3)-(4) APAD 2010
  3. 3 Whether the Magistrate had jurisdiction to order forfeiture (timing of prosecution within one month and s241A APAD / magistrate powers)

Ratio Decidendi

The court convicted the defendant for permitting an overloaded vehicle in breach of s57(1)(b)(vi) read with s57(3) APAD 2010; having accepted the prosecution evidence and guilty plea, the court imposed a RM7,000 fine as a proportionate sentence and, because the offence and that the vehicle was the subject matter were proved, ordered mandatory forfeiture of vehicle DBH5304 to the Government under s80(4) APAD 2010.

Court Disposition

Defendant convicted; fined RM7,000; vehicle DBH5304 forfeited to Government; notice of appeal filed by defendant

Orders

  • Convicted under Section 57(1)(b)(vi) read with Section 57(3) Akta Pengangkutan Awam Darat 2010
  • Fine imposed: RM7,000