11 Apr 2022
1. ) ABU BAKAR BIN IBRAHIM 2. ) [KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA] 3. ) [Kerajaan Malaysia] ATHEERAO A/L KRISHNAN
- Citation
- AA-12B-9-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-12B-9-08/2021 (Mahkamah Tinggi)
The High Court allowed the appeal: the seizure was lawful because the respondent lacked a valid excise licence and the customs officers had reasonable cause under Customs Act s108 and relevant Excise Act provisions; there was no mandatory temporal obligation to refer to the Director General and Magistrate under s128 while investigation and potential prosecution were ongoing; the respondent failed to prove actual losses of RM40,000 and, absent seizure without reasonable cause, damages are not recoverable; therefore the Sessions Court’s award was set aside and costs awarded to appellants.