PERSATUAN NELAYAN KAWASAN SUNGAI BESAR

PERSATUAN NELAYAN KAWASAN SUNGAI BESAR

The court held the charges are properly constituted under the Supply Control Act 1961 and Regulations 1974 and are not demonstrably groundless on the affidavit material; a discharge under s.173(g) is inappropriate at this preliminary stage because factual issues (authority, control, knowledge) require hearing prosecution evidence at trial; a registered association is a body corporate liable to be charged; accordingly the s.173(g) application is dismissed and prosecution may proceed to call witnesses.

Citation
BJ-63-18-11/2024 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA; Applicant/defendant: PERSATUAN NELAYAN KAWASAN NELAYAN SUNGAI BESAR (PR16007201)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 July 2025
Case Number
BJ-63-18-11/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal (supply Control Act / Regulatory Offences) / Pre Trial S.173(g) Discharge Application Heard and Dismissed; Prosecution to Proceed to Full Trial
Outcome
Application under s.173(g) CPC (Lampiran 12) dismissed; related proceedings bound and prosecution to proceed to full trial
Legal Topics
Section 173(g) Criminal Procedure Code, Supply Control Act 1961 Offences, Supply Control (supply) Regulations 1974, Liability of Corporate/associations, Fishermen Associations Act 1971
Source Language
Malay/English
Criminal Law Regulatory Enforcement Corporate Liability Section 173(g) Criminal Procedure Code Supply Control Act 1961 Offences Supply Control (supply) Regulations 1974 Liability of Corporate/associations Fishermen Associations Act 1971

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Parties

PENDAKWARAYA

Prosecution

PERSATUAN NELAYAN KAWASAN NELAYAN SUNGAI BESAR (PR16007201)

Applicant/defendant

Procedural Posture

Criminal (supply Control Act / Regulatory Offences) / Pre Trial S.173(g) Discharge Application Heard and Dismissed; Prosecution to Proceed to Full Trial

Legal Issues

  1. 1 Whether the 34 charges under the Supply Control Act 1961 and Regulations 1974 are groundless for purposes of s.173(g) CPC
  2. 2 Whether a registered fishermen association (a corporate body) can be charged and held liable under the Act
  3. 3 Whether a discharge under s.173(g) is appropriate at a preliminary stage based solely on affidavit evidence and without prosecution witnesses

Ratio Decidendi

The court held the charges are properly constituted under the Supply Control Act 1961 and Regulations 1974 and are not demonstrably groundless on the affidavit material; a discharge under s.173(g) is inappropriate at this preliminary stage because factual issues (authority, control, knowledge) require hearing prosecution evidence at trial; a registered association is a body corporate liable to be charged; accordingly the s.173(g) application is dismissed and prosecution may proceed to call witnesses.

Court Disposition

Application under s.173(g) CPC (Lampiran 12) dismissed; related proceedings bound and prosecution to proceed to full trial

Orders

  • Lampiran 12 (s.173(g) application) dismissed in BJ-63-18-11/2024
  • Decision in BJ-63-18-11/2024 to bind related cases BJ-63-19-11/2024 to BJ-63-29-11/2024