Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Vehicle forfeiture/lucuthak
  • 8 Dec 2025

    MK GOH TRADING SDN BHD

    Citation
    CD-87-11-02/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CD-87-11-02/2025 (Mahkamah Majistret)

    The court convicted the company under s57(1)(b)(vi) APAD 2010, imposed a fine of RM35,000 (12 months imprisonment if unpaid) as a proportionate deterrent reflecting the seriousness of a 71.12% overload, but exercised its statutory discretion under s80 APAD 2010 to release the vehicle rather than order forfeiture after weighing mitigation (first offence, early plea, no injury) against public interest.