TRANS CARRIER SDN BHD

TRANS CARRIER SDN BHD

Court accepted the unqualified guilty plea, balanced mitigating factors (age, health, financial hardship, early plea) against public interest and severity of overloading, imposed a fine of RM50,000 and exercised s80(3) APAD 2010 to order return of the seized vehicle to its owner within 14 days rather than forfeiture.

Citation
BF-87-256-06/2023 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Defendant: Trans Carrier Sdn Bhd
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 August 2025
Case Number
BF-87-256-06/2023 (Mahkamah Majistret)
Procedural Posture
Offence Under Akta Pengangkutan Awam Darat 2010 (overloading) / Sentencing; Prosecution Appeal Against Vehicle Release Order
Outcome
Defendant convicted; fined RM50,000; seized vehicle ordered returned to owner within 14 days; prosecution's challenge to vehicle return rejected.
Legal Topics
Overloading, Vehicle Seizure and Release, Forfeiture, Sentencing, Mitigation
Source Language
Malay/English
Transport Law Criminal Law Administrative Law Overloading Vehicle Seizure and Release Forfeiture Sentencing Mitigation

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Parties

Pendakwa Raya

Prosecutor

Trans Carrier Sdn Bhd

Defendant

Procedural Posture

Offence Under Akta Pengangkutan Awam Darat 2010 (overloading) / Sentencing; Prosecution Appeal Against Vehicle Release Order

Legal Issues

  1. 1 Whether the vehicle seized should be forfeited or returned to owner under s80 APAD 2010
  2. 2 Appropriate quantum of sentence for overloading contrary to s57 APAD 2010
  3. 3 Application and weight of mitigation (guilty plea, health, financial hardship) versus public interest deterrence

Ratio Decidendi

Court accepted the unqualified guilty plea, balanced mitigating factors (age, health, financial hardship, early plea) against public interest and severity of overloading, imposed a fine of RM50,000 and exercised s80(3) APAD 2010 to order return of the seized vehicle to its owner within 14 days rather than forfeiture.

Court Disposition

Defendant convicted; fined RM50,000; seized vehicle ordered returned to owner within 14 days; prosecution's challenge to vehicle return rejected.

Orders

  • Fine of RM50,000 imposed on Trans Carrier Sdn Bhd
  • Seized vehicle to be returned to the owner within 14 days from date of order