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HIGH COURT MALAYA SUNGAI PETANI
LIM SOON PING – Appellant
Versus
PP – Respondent
| Table of Content |
|---|
| 1. background facts regarding the case and initial court judgments. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by the prosecution and the response from the opposing party. (Para 6 , 7 , 8 , 9 , 10) |
| 3. court observations on the evidence and discretion under the act. (Para 11 , 12 , 14 , 15 , 16 , 17 , 18) |
(Forfeiture)
Background Facts
[1] The following background facts are undisputed. Lim Soon Ping (Accused) was charged in Sessions Court on 29 May 2023 in Criminal Case No: KB-62-9-04/2023 for being in possession of 4,000 litres of diesel, a controlled article, which is an offence under s 21 of the Control of Supplies Act 1961 [Act 122],
[2] The Accused, who was unpresented, pleaded guilty on the same day and was sentenced to fine of RM 120,000.00. The learned Sessions Court Judge (SCJ) also directed that lorry bearing registration number PFS 622 (Lorry) used in the commission of the crime and the proceeds from the sale of the diesel amounting to RM60,200.00 be confiscated.
[3] Liang Sheng Wing Trading (Liang Sheng) and Jip Sheng Trading & Transport Sdn, Bhd (Jip Sheng) asked for revision of the order dated 29 May 2023 vis-a-vis the c
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