25 Jan 2023
BULLION DELTA SDN BHD 1. ) Hasrul Najib bin Hasim 2. ) Pengarah Kastam (Siasatan) 3. ) KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA 4. ) Kerajaan Malaysia
- Citation
- BA-22NCvC-355-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-355-08/2019 (Mahkamah Tinggi)
Section 128 of the Customs Act 1967 does not impose an obligation on Customs or on the Director-General to refer a claimant's application to a Magistrate within one calendar month from the date of the claimant's claim; the Director-General's power to direct referral is discretionary. Therefore the failure or delay to refer the plaintiff's claim within one month did not render the seizure wrongful or unlawful; the plaintiff was held to be the statutory 'owner' but was not entitled to damages because the seizure was lawful; claim dismissed and costs awarded.