CK TIMBER TRANSPORT SDN BHD

CK TIMBER TRANSPORT SDN BHD

The court found the operator committed a serious breach by carrying 61,900 kg excess (113,900 kg vs 52,000 kg allowed); public safety and deterrence require a sentence commensurate with the gravity of the offence; where the vehicle is the subject matter of an offence under the listed subsections, section 80(4) APAD...

Source-derived case information.

Citation
NA-87-3538-09/2025 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: CK Timber Transport Sdn Bhd
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
11 December 2025
Case Number
NA-87-3538-09/2025 (Mahkamah Majistret)
Procedural Posture
Traffic Criminal (apad 2010) / Appeal Against Sentence and Forfeiture Order
Outcome
Appeal dismissed; original sentence and forfeiture order upheld
Legal Topics
Overloading, Vehicle Forfeiture, Sentencing, License Conditions, Section 57 APAD 2010, Section 80 APAD 2010
Transport Regulation Traffic Law Criminal Law Administrative Law Overloading Vehicle Forfeiture Sentencing License Conditions +2 more

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Parties

PENDAKWA RAYA

Prosecutor

CK Timber Transport Sdn Bhd

Defendant

Procedural Posture

Traffic Criminal (apad 2010) / Appeal Against Sentence and Forfeiture Order

Legal Issues

  1. 1 Whether the operator breached the licensed weight condition by overloading the vehicle
  2. 2 Appropriate sentence for breach of section 57(3) APAD 2010
  3. 3 Whether the court is required to order forfeiture of the vehicle under section 80(4) APAD 2010

Ratio Decidendi

The court found the operator committed a serious breach by carrying 61,900 kg excess (113,900 kg vs 52,000 kg allowed); public safety and deterrence require a sentence commensurate with the gravity of the offence; where the vehicle is the subject matter of an offence under the listed subsections, section 80(4) APAD 2010 mandates forfeiture. Accordingly the fine of RM25,000 and forfeiture to the Director General JPJ are lawful and appropriate despite the guilty plea and mitigation.

Court Disposition

Appeal dismissed; original sentence and forfeiture order upheld

Orders

  • Fine of RM25,000 imposed on CK Timber Transport Sdn Bhd
  • Vehicle (registration CEU3268 – T/D1702) forfeited to the Director General, Jabatan Pengangkutan Jalan Malaysia under section 80(4) APAD 2010