Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Delegation of administrative power

Legal area

Court

10 Jun 2025

AMBANK (M) BERHAD

Citation

JK-89-18-08/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JK-89-18-08/2024 (Mahkamah Majistret)

The court held the reference by Customs did not comply with the procedural requirements of s.128(3) and (3A) read with the amended timing scheme; absence of specific affidavit deposition of the date of referral and the protracted delay meant the reference was irregular and the Magistrate lacked jurisdiction to adjudicate the forfeiture. Preliminary objection succeeded and the forfeiture application was dismissed; vehicle ordered released to respondent.
20 Jan 2021

Ms. Kimberly Yap & Dato' Arumugam [Messrs Aru & Co] Puan Roshayati & Puan Aina Lutfia Deputy Public Prosecutors [Attorney's General Chambers]

Citation

WA-44-5-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-5-01/2021 (Mahkamah Tinggi)

Court held detention and subsequent steps were lawful: police referred case to DPP, Applicant was handed to Immigration after DPP instruction, investigations were completed, detention under s51(5)(b) to effect removal and subsequent cancellation under s9(1)(b) with removal under s56(2) and detention under s34(1) complied with statutory procedure, no mala fide or procedural non-compliance established and habeas corpus application dismissed.