Miss Sitoh Pohchi

Miss Sitoh Pohchi

On the balance of probabilities the court found an offence under the Customs Act (s.135(1)(d) re prohibited import) was committed, the petai were imported without MAQIS certification from Thailand and the Thailand‑registered Isuzu D‑Max was used to transport the contraband; the respondent failed to rebut the s.119...

Source-derived case information.

Citation
DJ-89-126-09/2023 (Mahkamah Majistret)
Parties
Applicant/prosecution: Jabatan Kastam Diraja Malaysia; Respondent/registered Owner: Sitoh Pohchi
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
20 October 2024
Case Number
DJ-89-126-09/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Forfeiture Application Under Customs Act 1967 (s.128(4)) / Magistrate Court Decision (forfeiture Granted); Respondent Appealed to High Court
Outcome
Forfeiture granted in favour of Jabatan Kastam Diraja Malaysia; vehicle ordered forfeited
Legal Topics
Forfeiture of Conveyance, Seizure of Prohibited Imports, Burden of Proof, Circumstantial Evidence, Import Control/maqis Compliance, Application of Statutory Presumptions (s.119)
Customs Law Criminal Law Forfeiture Law Administrative Law Forfeiture of Conveyance Seizure of Prohibited Imports Burden of Proof Circumstantial Evidence +2 more

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Parties

Jabatan Kastam Diraja Malaysia

Applicant/prosecution

Sitoh Pohchi

Respondent/registered Owner

Procedural Posture

Criminal Forfeiture Application Under Customs Act 1967 (s.128(4)) / Magistrate Court Decision (forfeiture Granted); Respondent Appealed to High Court

  1. 1 Whether an offence under the Customs Act 1967 was committed in respect of the seized goods
  2. 2 Whether the seized goods were the subject matter of the offence (illegal import)
  3. 3 Whether the vehicle was used in the commission of the offence and therefore liable to forfeiture

Ratio Decidendi

On the balance of probabilities the court found an offence under the Customs Act (s.135(1)(d) re prohibited import) was committed, the petai were imported without MAQIS certification from Thailand and the Thailand‑registered Isuzu D‑Max was used to transport the contraband; the respondent failed to rebut the s.119 presumption; therefore forfeiture of the vehicle under s.128(4) was ordered.

Court Disposition

Forfeiture granted in favour of Jabatan Kastam Diraja Malaysia; vehicle ordered forfeited

Orders

  • Order forfeiting the Isuzu D‑Max registration Thailand AF5083NRW, Engine No RZ4E-XL3815, Chassis No MP1TFR87JNG037134 to Jabatan Kastam Diraja Malaysia pursuant to s.128(4) Customs Act 1967