13 Jan 2023
1. ) Goh Kim Heong 2. ) Goh Choon Kim 1. ) Abdul Razak bin Nordin 2. ) Pengarah Kastam Negeri Pulau Pinang 3. )
- Citation
- PB-41(Ors)-1-02/2022 (Mahkamah Tinggi)
- Court
- Ors
- Case number
- PB-41(Ors)-1-02/2022 (Mahkamah Tinggi)
The appeal is dismissed because the High Court will not disturb the Magistrate’s discretionary decision: the court lacks authority to quash charges filed by the prosecution except in limited circumstances (post-prosecution evidence or s254 withdrawal); the charges were correctly registered as arrestable per the schedule given the statutory penalties under the Excise Act 1976; the application to quash was premature and an abuse of process; prosecutorial decisions fall within the Attorney General’s exclusive discretion and applicants have alternative remedy by representation to the Attorney Gen…