TEIK JOO CHAN SDN. BHD.

TEIK JOO CHAN SDN. BHD.

The prosecution failed to establish a prima facie case under s57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010 because critical elements were unproven or undermined: digital images were inadmissible without s90A proof, the weighing-related exhibits were incomplete or inconsistent (missing trailer identification,...

Source-derived case information.

Citation
AI-87-16-06/2023 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Defendant: Teik Joo Chan Sdn Bhd
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 February 2025
Case Number
AI-87-16-06/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Transport Offence Under Akta Pengangkutan Awam Darat 2010 / Post Trial (magistrate Acquittal at Close of Prosecution); Prosecution Has Filed Appeal
Outcome
Accused (Teik Joo Chan Sdn Bhd) discharged and acquitted; prosecution failed to make out a prima facie case
Legal Topics
Overloading Vehicle, Prima Facie Test, Chain of Custody, Calibration of Weighing Machines, Admissibility of Digital Images (s90 A), Defective Charge Particulars, Burden of Proof
Criminal Law Transport Law Evidence Law Administrative/procedural Law Overloading Vehicle Prima Facie Test Chain of Custody Calibration of Weighing Machines +3 more

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Parties

Public Prosecutor

Prosecution

Teik Joo Chan Sdn Bhd

Defendant

Procedural Posture

Criminal Transport Offence Under Akta Pengangkutan Awam Darat 2010 / Post Trial (magistrate Acquittal at Close of Prosecution); Prosecution Has Filed Appeal

  1. 1 Whether prosecution established a prima facie case under s57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010
  2. 2 Admissibility of mobile phone photographs under s90A Evidence Act
  3. 3 Completeness and identity of exhibits (missing trailer number on notice and discrepancies between documents)

Ratio Decidendi

The prosecution failed to establish a prima facie case under s57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010 because critical elements were unproven or undermined: digital images were inadmissible without s90A proof, the weighing-related exhibits were incomplete or inconsistent (missing trailer identification, incomplete calibration documentation, discrepancies between permits and tickets), and the chain of custody and correct particulars of offence (time/place) were not established, creating reasonable doubt such that the accused could not properly be called to defend.

Court Disposition

Accused (Teik Joo Chan Sdn Bhd) discharged and acquitted; prosecution failed to make out a prima facie case

Orders

  • Accused released and acquitted without being called to enter defence pursuant to section 173(f)(ii) CPC
  • Prosecution case dismissed for failure to prove prima facie case