20 Dec 2021
1. CIMB ISLAMIC BANK BERHAD 2. BANK MUAMALAT MALAYSIA BERHAD
- Citation
- BA-42(ORS)-1-01/2020 & BA-42(ORS)-2-01/2020 (Mahkamah Tinggi)
- Court
- ORS
- Case number
- BA-42(ORS)-1-01/2020 & BA-42(ORS)-2-01/2020 (Mahkamah Tinggi)
The High Court held that s.35 presumption does not apply to s.32(3) Sessions Court claim proceedings; there was no prosecution or forfeiture proceedings under s.8 and no evidence that an offence had been committed in respect of the seized properties; claimants proved lawful entitlement (registered charge/financing) so the Sessions Court forfeiture order was wrong in law and must be set aside, with the seized properties released to the respective banks.