3 Apr 2026
MIRACLES BT HOLDING (M) SDN. BHD.
- Citation
- BD-87-765-06/2025 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BD-87-765-06/2025 (Mahkamah Majistret)
Forfeiture under s80(3) and s80(4) APAD is discretionary, not automatic; the court must be satisfied on both the commission of the offence and the direct nexus of the vehicle to the offence and then exercise proportional judicial discretion taking into account mitigation (guilty plea, first offence), lengthy prior seizure, absence of injury or repeated wrongdoing, valid vehicle documentation and public interest. Applying these principles the court imposed a fine of RM27,500 with 8 months imprisonment in default and refused to order forfeiture of the lorry registration BSE8333.