MUTHU A/L MUNIANDY

MUTHU A/L MUNIANDY

Section 121B(6) of the Customs Act 1967, by its 'notwithstanding' wording, renders documents obtained by customs officers prima facie evidence in proceedings under the Act and therefore permits admission of the listed non-chemical documents (ID50, ID60, ID62, ID64A-C, ID66A-E, ID68A-D) without calling the original makers or producing Evidence Act certificates; however, chemical analysis reports ID39 and ID54 are excluded because section 121 (which applies only to 'summons' cases) does not cover this warrant-type case and the prosecution failed to comply with the mandatory service requirements under section 399 CPC (10 days service) such that the chemists must be called before those...

Citation
JK-83-51-10/2023 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA (Cawangan Pendakwaan, Bahagian Penguatkuasaan JKDM Terengganu); Defendant: MUTHU A/LMUNIANDY
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 April 2026
Case Number
JK-83-51-10/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Customs and Excise / Trial Prosecution Case (admissibility of Exhibits)
Outcome
Defense objection partially allowed. Non-chemical documents obtained by customs officer admitted as prima facie exhibits; chemical reports excluded pending testimony of analysts.
Legal Topics
Admissibility of Documents, Prima Facie Evidence, Statutory Override (notwithstanding), Service of Expert Reports, Section 121 B(6) Customs Act 1967, Section 121 Customs Act 1967, Section 399 CPC, Section 90 a Evidence Act 1950
Source Language
Malay/English
Evidence Customs Criminal Procedure Excise Admissibility of Documents Prima Facie Evidence Statutory Override (notwithstanding) Service of Expert Reports +4 more

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Parties

PENDAKWA RAYA (Cawangan Pendakwaan, Bahagian Penguatkuasaan JKDM Terengganu)

Prosecutor

MUTHU A/LMUNIANDY

Defendant

Procedural Posture

Criminal Customs and Excise / Trial Prosecution Case (admissibility of Exhibits)

Legal Issues

  1. 1 Whether documents obtained by customs officers under the Customs Act can be admitted without calling the document maker or a certificate under the Evidence Act
  2. 2 Whether section 121B(6) Customs Act 1967 displaces Evidence Act requirements for computer-produced documents
  3. 3 Whether chemical analysis reports (ID39 and ID54) can be admitted without calling the analyst and whether section 121 applies given classification of the case as 'warrant' or 'summons'

Ratio Decidendi

Section 121B(6) of the Customs Act 1967, by its 'notwithstanding' wording, renders documents obtained by customs officers prima facie evidence in proceedings under the Act and therefore permits admission of the listed non-chemical documents (ID50, ID60, ID62, ID64A-C, ID66A-E, ID68A-D) without calling the original makers or producing Evidence Act certificates; however, chemical analysis reports ID39 and ID54 are excluded because section 121 (which applies only to 'summons' cases) does not cover this warrant-type case and the prosecution failed to comply with the mandatory service requirements under section 399 CPC (10 days service) such that the chemists must be called before those...

Court Disposition

Defense objection partially allowed. Non-chemical documents obtained by customs officer admitted as prima facie exhibits; chemical reports excluded pending testimony of analysts.

Orders

  • Admission of ID50, ID60, ID62, ID64A-C, ID66A-E, ID68A-D as prosecution exhibits and re-marked P50, P60, P62, P64A-C, P66A-E, P68A-D
  • Sustain objection to admission of ID39 and ID54; those documents remain as ID and shall not be admitted unless the respective chemists are called to give evidence and prosecution complies with s399 CPC requirements