Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Excess load offence
  • 22 Aug 2023

    [ ] CHEW XENG TRANSPORT SDN BHD

    Citation
    BA-89-157-03/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BA-89-157-03/2023 (Mahkamah Majistret)

    The court exercised its statutory discretion under section 80(3) APAD 2010 to release the seized vehicle JSE9818 because the owner had been convicted and paid the RM25,000 fine, the vehicle had valid permits and licences, there was no evidence of dangerous modification, and section 80(4) does not oust the court's discretionary power to refuse forfeiture; consequently the forfeiture application was dismissed.