TAN SEE TIAN

TAN SEE TIAN

The magistrate was satisfied on the evidence that an offence under s.135(1)(d) was committed and that the van was used in that offence, and the respondent failed to discharge the burden under s.119; consequently the court was required to order forfeiture of the RM56,000 security to the Customs Department under s.128(4).

Citation
JA-89-918-09/2023 (Mahkamah Majistret)
Parties
Applicant / Prosecutor: JABATAN KASTAM DIRAJA MALAYSIA; Respondent / Registered Owner: TAN SEE TIAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 January 2024
Case Number
JA-89-918-09/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Forfeiture Application Under the Customs Act 1967 (act 235) / Magistrate Court Decision Ordering Forfeiture; Respondent Has Appealed to the High Court
Outcome
Forfeiture order granted in favour of Jabatan Kastam Diraja Malaysia; security money RM56,000 forfeited to Customs.
Legal Topics
Forfeiture of Security, Seizure, Burden of Proof, Presumptions Under Customs Act, Use of Vehicle in Commission of Offence
Source Language
Malay/English
Customs Law Criminal Law Forfeiture Law Forfeiture of Security Seizure Burden of Proof Presumptions Under Customs Act Use of Vehicle in Commission of Offence

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Parties

JABATAN KASTAM DIRAJA MALAYSIA

Applicant / Prosecutor

TAN SEE TIAN

Respondent / Registered Owner

Procedural Posture

Criminal Forfeiture Application Under the Customs Act 1967 (act 235) / Magistrate Court Decision Ordering Forfeiture; Respondent Has Appealed to the High Court

Legal Issues

  1. 1 Whether an offence under s.135(1)(d) Customs Act 1967 was committed
  2. 2 Whether the vehicle was used in the commission of the offence
  3. 3 Whether the respondent discharged the shifted burden under s.119

Ratio Decidendi

The magistrate was satisfied on the evidence that an offence under s.135(1)(d) was committed and that the van was used in that offence, and the respondent failed to discharge the burden under s.119; consequently the court was required to order forfeiture of the RM56,000 security to the Customs Department under s.128(4).

Court Disposition

Forfeiture order granted in favour of Jabatan Kastam Diraja Malaysia; security money RM56,000 forfeited to Customs.

Orders

  • Forfeiture of the sum of RM56000 paid as security to Jabatan Kastam Diraja Malaysia pursuant to s.128(4) Customs Act 1967