21 Aug 2022
1. ) MYINT AUNG 2. ) SEAH TIEN LYE 3. ) THU YA MYO 4. ) KHANT SI THU 5. ) ZAW MOE AUNG 6. ) WAI LIN TUN 7. ) TIN TUN AUNG 8. ) SOE THU RA 9. ) LIN HTET KYAW 10. ) AUNG KO KO LATT
- Citation
- JI-83-125-03/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JI-83-125-03/2021 (Mahkamah Majistret)
Court found prosecution proved all elements of Section 135(1)(a) Customs Act 1967: (1) the cigarettes were untaxed prohibited/imported goods, (2) the defendants as captain and crew participated in operation of MV Chita 2 carrying those goods into Malaysian territorial waters, and (3) knowledge and common intention could be inferred from conduct (attempted evasion, inconsistent manifest, Malaysian packaging). Section 46 presumption was inapplicable due to lack of requisite customs officer confirmation. TSS transit did not bar enforcement. Accordingly defendants were convicted and liable to for…