Y.J.T.CONSTRUCTION & TRADING SDN BHD

Y.J.T.CONSTRUCTION & TRADING SDN BHD

The Magistrate held that the court has jurisdiction to grant interim release under section 80(3) where appropriate, that the release of vehicles RAK9515 and T/M2901 on the imposed conditions (including RM10,000 bail and operational restrictions) was within the ambit of the law and a proportionate exercise of judicial discretion, and therefore ordered their temporary release subject to conditions.

Citation
CD-89-23-05/2024 (Mahkamah Majistret)
Parties
Applicant/owner: Y.J.T. CONSTRUCTION & TRADING SDN BHD; Respondent/prosecution: Pendakwa Raya (Jabatan Pengangkutan Jalan Negeri Pahang - Kuantan)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 July 2024
Case Number
CD-89-23-05/2024 (Mahkamah Majistret)
Procedural Posture
Seizure and Interim Release Application Under Akta Pengangkutan Awam Darat 2010 (act 715) / Magistrate's Decision Granting Interim Release of Vehicles; Prosecution Has Filed an Appeal
Outcome
Application granted: vehicles RAK9515 and T/M2901 released to owner subject to specified conditions; prosecution appealed the release order.
Legal Topics
Vehicle Seizure, Interim Release Under Section 80 APAD 2010, Judicial Discretion, Conditions of Release, Forfeiture
Source Language
Malay/English
Transport Law Criminal Law Administrative Law Vehicle Seizure Interim Release Under Section 80 APAD 2010 Judicial Discretion Conditions of Release Forfeiture

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Parties

Y.J.T. CONSTRUCTION & TRADING SDN BHD

Applicant/owner

Pendakwa Raya (Jabatan Pengangkutan Jalan Negeri Pahang - Kuantan)

Respondent/prosecution

Procedural Posture

Seizure and Interim Release Application Under Akta Pengangkutan Awam Darat 2010 (act 715) / Magistrate's Decision Granting Interim Release of Vehicles; Prosecution Has Filed an Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to order interim release under section 80(3) when section 80(2) vests administrative discretion in JPJ
  2. 2 Whether the conditions imposed on release were reasonable and proportionate
  3. 3 Whether release undermines the purpose of forfeiture under section 80(4)

Ratio Decidendi

The Magistrate held that the court has jurisdiction to grant interim release under section 80(3) where appropriate, that the release of vehicles RAK9515 and T/M2901 on the imposed conditions (including RM10,000 bail and operational restrictions) was within the ambit of the law and a proportionate exercise of judicial discretion, and therefore ordered their temporary release subject to conditions.

Court Disposition

Application granted: vehicles RAK9515 and T/M2901 released to owner subject to specified conditions; prosecution appealed the release order.

Orders

  • Vehicles RAK9515 and T/M2901 released to Y.J.T. Construction & Trading Sdn Bhd subject to conditions
  • Applicant to provide security/bail in the sum of RM 10,000.00