29 Dec 2025
NEPTUNE METAL TRADING 1. ) WAN ISMAIL AFIQ BIN WAN NOR AZMI 2. ) ZULHILMI BIN MOHAMAD 3. ) Pengarah Operasi Penguatkuasaan Zon Tengah, Unit III 4. ) KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA 5. ) Kerajaan Malaysia
- Citation
- BA-24-3-01/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24-3-01/2025 (Mahkamah Tinggi)
The seizure of the eleven containers was lawful because at the time of seizure there were objective facts giving reasonable cause to suspect an offence under s135(1)(a), s128(3) does not automatically invalidate a lawful seizure after thirty days and does not apply where prosecution has been instituted, Article 13 was not breached because the seizure was lawful, and the claim for damages is barred by s132 in the absence of proof that the seizure lacked reasonable cause; accordingly the originating summons is dismissed and civil intervention declined while criminal proceedings remain pending.