29 Mar 2021
PENDAKWARAYA Jabatan Kastam DiRaja Malaysia Lee Swee Chee
- Citation
- BH-83-1384-10/19 & BH-83-1518-11/19 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BH-83-1384-10/19 & BH-83-1518-11/19 (Mahkamah Majistret)
Prosecution failed to make out a prima facie case on possession because an Alcontara notice that seized goods belonged to the accused's uncle was given and left uninvestigated and the seized goods were found in common areas accessible to others; additionally the chemist report omitted the required 'fit or intended for use as a beverage' limb of the statutory definition of intoxicating liquor, a deficiency fatal to proving the goods were prohibited/intoxicating. On maximum evaluation there was no prima facie case under s.135(1)(d) Customs Act 1967 nor s.74(1)(a) Excise Act 1976; accused acquit…