25 Jun 2025
PEDOMAN ABADI SDN BHD
- Citation
- BD-87-929-06/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BD-87-929-06/2023 (Mahkamah Majistret)
Although the offence and the vehicle's nexus to the offence were established, the court held that forfeiture under s.80(3)-(4) APAD is discretionary and not automatic; applying the discretion the court found forfeiture disproportionate given prolonged two-year seizure (itself a severe penalty), first offence, absence of accidents or injury, valid documents, and significant economic and operational impact on the company. The court therefore imposed a fine of RM23,000 with 6 months imprisonment in default and declined to order forfeiture of the vehicle.