14 Dec 2023
Genneva Sdn Bhd Tetuan Gooi & Azura
- Citation
- W-09-205-05/2022 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- W-09-205-05/2022 (Mahkamah Rayuan)
The Court held that third party claims under s.61 cannot be adjudicated before the prosecution establishes that the seized properties are forfeitable and a preliminary forfeiture order is made; the High Court erred by remitting respondents' claims to the sessions court following dismissal of the forfeiture application and its order to remit is set aside; the proper sequence requires the High Court to first determine the prosecution's appeal on forfeiture before ancillary s.61 proceedings are engaged.