30 Jan 2026
PHILLVIN GUACHIN
- Citation
- JA-44-39-10/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-44-39-10/2025 (Mahkamah Tinggi)
The motion is dismissed: Section 128 governs forfeiture/claims and does not render criminal charges invalid if prosecution is commenced after 30 days; failure to prosecute within 30 days may permit a claimant to seek release/forfeiture under s.128 but does not nullify the Public Prosecutor's constitutional discretion to initiate criminal proceedings; the Applicant also failed to show a written claim under s.128(2) to engage the forfeiture referral process.