LIANG STAR TRADING 1. ) PENGARAH JABATAN PENGANGKUTAN JALAN 2. )

LIANG STAR TRADING 1. ) PENGARAH JABATAN PENGANGKUTAN JALAN 2. )

The court held s.57(3) is properly read as a provision creating an offence (in context with s.57(1)); the respondent satisfied s.80(5) because consent and filing of complaint/summons occurred within one month of seizure (consent 25.06.2025; complaint/summons 30.06.2025); for summons cases prosecution commences on...

Source-derived case information.

Citation
KA-89-977-07/2025 (Mahkamah Majistret)
Parties
Applicant: Liang Star Trading (No. Syarikat: 201703293830); Respondent: Pengarah Jabatan Pengangkutan Jalan; Respondent: Pendakwa Raya
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
2 September 2025
Case Number
KA-89-977-07/2025 (Mahkamah Majistret)
Procedural Posture
Application for Release of Seized Vehicle (related to Ongoing Summons/criminal Proceedings) / Interlocutory — Application Heard and Dismissed; Related Criminal/summons Trial Ongoing
Outcome
Application dismissed
Legal Topics
Seizure of Property, Statutory Interpretation, Commencement of Prosecution, Article 13 Property Rights, Release of Seized Property
Transport Law Criminal Procedure Administrative Law Constitutional Law Seizure of Property Statutory Interpretation Commencement of Prosecution Article 13 Property Rights +1 more

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Parties

Liang Star Trading (No. Syarikat: 201703293830)

Applicant

Pengarah Jabatan Pengangkutan Jalan

Respondent

Pendakwa Raya

Respondent

Procedural Posture

Application for Release of Seized Vehicle (related to Ongoing Summons/criminal Proceedings) / Interlocutory — Application Heard and Dismissed; Related Criminal/summons Trial Ongoing

  1. 1 Whether s.80(1) of the Land Public Transport Act is defective because it refers to s.57(3) which is a penal provision rather than an offence provision
  2. 2 Whether the respondent complied with the pre-condition in s.80(5) that prosecution be instituted within one month of seizure
  3. 3 Whether the applicant's property rights under Article 13 of the Federal Constitution were violated

Ratio Decidendi

The court held s.57(3) is properly read as a provision creating an offence (in context with s.57(1)); the respondent satisfied s.80(5) because consent and filing of complaint/summons occurred within one month of seizure (consent 25.06.2025; complaint/summons 30.06.2025); for summons cases prosecution commences on filing/issuance with magistrate and consent, not when charge is subsequently read; seizure was lawful under s.80 and there was no breach of Article 13; therefore the application for full release was premature and dismissed.

Court Disposition

Application dismissed

Orders

  • Application for release of vehicle PQA3585 and trailer T/PA2635 dismissed