Forgot/Reset Password

CASE(S) OF THE WEEK

MEHDI DADASHI HAVADARAGH v. KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA & ORS
COURT OF APPEAL, PUTRAJAYA
LINTON ALBERT JCA, NALLINI PATHMANATHAN JCA, VERNON ONG LAM KIAT JCA
[CIVIL APPEAL NO: B-01-419-12-2013]
21 JANUARY 2015

CUSTOMS AND EXCISE: Forfeiture - Forfeiture of monies seized - Appellant found carrying USD350,000 in cash at airport without letter of authority by Bank Negara Malaysia - Monies seized due to suspicion that appellant committed offence under s. 125 of Customs Act 1953 - Customs Department forfeited monies without informing appellant - Claim for return of monies at High Court dismissed - Appeal against decision of High Court - Whether appellant submitted written notice for return seized monies within period specified under s. 128 of Customs Act 1967

WORDS AND PHRASES: Interpretation - Customs Act 1967, s. 128 - 'Give written notice' - Forfeiture of monies in amount of USD350,000 in cash by Customs Department - Appellant claimed to have given written notice for recovery of monies when his statement was taken in writing by senior customs officer - Whether `give written notice' should be given strict interpretation - Whether written statement recorded by senior customs officer sufficed as written claim for return of monies



SANJEEV KUMAR VEERASINGAM v. PP & OTHER APPEALS
COURT OF APPEAL, PUTRAJAYA
MD RAUS SHARIF PCA, MOHD HISHAMUDIN YUNUS JCA, MOHTARUDIN BAKI JCA
[CRIMINAL APPEALS NO: W-09-153-05-2013, W-09-155-05-2013 & W-06B-33-05-2013]
30 JANUARY 2015

CRIMINAL LAW: Penal Code - Section 468 - Offence of forgery for purpose of cheating in relation to falsifying documents - Alteration of documents - Whether without lawful authority - Whether false documents bearing false particulars prepared knowingly - Whether done with intent to commit fraud or that fraud may be committed - Whether forged document intended to be used for purpose of cheating - Whether prima facie case established

CRIMINAL LAW: Penal Code - Section 415 - Offence of cheating - Whether charge specified which limb of s. 415 invoked - Whether requirements under limb (a) or limb (b) of s. 415 satisfied

CRIMINAL LAW: Abetment - Charge - Whether specified in what manner acts of abetment done - Whether charge vague and materially defective - Whether complied with s. 154 of the Criminal Procedure Code - Principle offender found not guilty - Whether persons abetting could be found guilty - Whether there was evidence to link accused persons to principle offender

CRIMINAL PROCEDURE: Charge - Amendment - Whether fatal to prosecution's case - Whether caused prejudice or miscarriage of justice to accused - Whether amended charge read and explained to accused - Whether complied with ss. 158(2) and 162 of Criminal Procedure Code



Secured By Global Sign