Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Vehicle seizure and release

  • 27 Aug 2025

    TRANS CARRIER SDN BHD

    Citation
    BF-87-256-06/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BF-87-256-06/2023 (Mahkamah Majistret)

    Court accepted the unqualified guilty plea, balanced mitigating factors (age, health, financial hardship, early plea) against public interest and severity of overloading, imposed a fine of RM50,000 and exercised s80(3) APAD 2010 to order return of the seized vehicle to its owner within 14 days rather than forfeiture.

  • 2 Dec 2024

    ABAD HEBAT RESOURCES SDN BHD

    Citation
    BJ-89-311-06/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BJ-89-311-06/2024 (Mahkamah Majistret)

    The court dismissed the application because s.80(3) must be read with s.80(4) and the Magistrate has no power to order release under s.80(3) prior to the conclusion of the prosecution; prosecution in this matter was commenced within one month of seizure, so retention of the vehicle was lawful and release could not be ordered at this stage.