8 Feb 2024
MSIM ENTERPRISE
- Citation
- BD-89-63-02/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BD-89-63-02/2023 (Mahkamah Majistret)
The applications for forfeiture were dismissed because the applicant failed to prove an offence under section 57(3) of Act 715; section 57(3) is a penalty provision and does not itself create the criminalising conduct required by sections 80(1),(3) and (4); the statutory four‑pronged test in s80 was not satisfied as the offences charged were under s57(1)(a) and (b)(vi) which are not the criminalisation provisions referenced in s80, therefore forfeiture could not be ordered.