15 Apr 2022
[Jabatan Kastam Diraja Malaysia (KDRM)] 1. ) LIM CHIN SENG 2. ) OOI GUAT LAY
- Citation
- PA-83-169-01/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- PA-83-169-01/2019 (Mahkamah Majistret)
Prosecution proved the goods were prohibited/import-restricted and uncustomed, but failed to prove beyond reasonable doubt that either accused had possession, control or knowledge of those goods or common intention under s34; statements at scene were inadmissible for want of timely caution and evidentiary gaps (unidentified persons present and unexplained sample/crate discrepancy) created reasonable doubt; therefore no prima facie case and accused discharged, while goods are forfeited under s127.