Malaysia Case Law: Decisions & Judgments

Topic

Forfeiture of conveyance

Legal area

Court

30 Apr 2025

SALAHUDDIN BIN SHAMSUDDIN [ ]

Citation

DA-41S-28-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-41S-28-10/2024 (Mahkamah Tinggi)

The proviso to s.74(2) of the Animals Act 1953 makes it obligatory to give the owner of a conveyance, if his name and place of residence are known, a reasonable opportunity to appear and show cause before ordering forfeiture; the magistrate failed to do so in this case, therefore the forfeiture order in respect of motor lorry CBR 9911 was set aside and the lorry must be returned to the registered owner.
20 Oct 2024

Miss Sitoh Pohchi

Citation

DJ-89-126-09/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-89-126-09/2023 (Mahkamah Majistret)

On the balance of probabilities the court found an offence under the Customs Act (s.135(1)(d) re prohibited import) was committed, the petai were imported without MAQIS certification from Thailand and the Thailand‑registered Isuzu D‑Max was used to transport the contraband; the respondent failed to rebut the s.119 presumption; therefore forfeiture of the vehicle under s.128(4) was ordered.
12 Sept 2019

PUBLIC PROSECUTOR 1. AHMAD ANUAR 2. ABDUL JAILANI

Citation

M-05(H)-5-01/2019 (Mahkamah Rayuan)
Court

H
Case number

M-05(H)-5-01/2019 (Mahkamah Rayuan)

The Court held the trial judge applied correct sentencing principles by balancing public interest and mitigating factors, found no error or manifest inadequacy in the five‑year sentences, and therefore dismissed the prosecution's appeal and affirmed the sentences and forfeiture order.

Malaysia Case Law

SALAHUDDIN BIN SHAMSUDDIN [ ]

Miss Sitoh Pohchi

PUBLIC PROSECUTOR 1. AHMAD ANUAR 2. ABDUL JAILANI