29 Aug 2025
ROSALIND TAN KHENG SUAN 1. ) PEGUAM NEGARA MALAYSIA 2. ) Timbalan Nor Raihan Binti Rithwan, Unit Jenayah Pengubahan Wang Haram Dan Pelucuthakan Harta Jenayah, Bahagian Pendakwaan, Jabatan Peguam Negara 3. ) Ketua Bahagian Siasatan Jenayah P
- Citation
- P-01(A)-73-02/2023 (Mahkamah Rayuan)
- Court
- A
- Case number
- P-01(A)-73-02/2023 (Mahkamah Rayuan)
The Court allowed the appeal and quashed the Notices of Release because the IO and DPP, by determining that a third party (PMC) was lawfully entitled to the seized funds and consenting to release without affording the account holder notice or a hearing, usurped the civil court's role to determine legal entitlement to property; s.60(1) must be read harmoniously with Act 613 and Article 13(1) so that the person from whom property was seized is prima facie the lawful owner and disputes over entitlement must be resolved by the civil court, unless the owner is unknown.