8 Feb 2024
SENG HUP ENTERPRISE SDN BHD
- Citation
- BD-89-93-03/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BD-89-93-03/2023 (Mahkamah Majistret)
The court held the applicant failed to prove an offence under s57(3) because s57(3) is a penalty provision, not a separate criminalisation provision; ss80(1),(3),(4) can only operate where an offence listed in s80(1) is established and the four-pronged test satisfied. Because s57(1)(a) and (b)(vi) were not the criminalisation provisions specified in ss80(1),(3),(4) and the requisite proof was not met, the court lacked basis to order forfeiture and dismissed the application.