SUNTHARARAJU PACHAYAPPAN vs JABATAN KASTAM DIRAJA MALAYSIA - 2009 MarsdenLR 4421 ; 2009 MarsdenLR 1

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 MarsdenLR 4421 ; 2009 MarsdenLR 1

MOHD SOFIAN ABD RAZAK
SUNTHARARAJU PACHAYAPPAN – Appellant
Versus
JABATAN KASTAM DIRAJA MALAYSIA – Respondent

Table of Content
1. facts surrounding legal seizure of goods. (Para 1 , 2)
2. arguments on legality and application of the customs act. (Para 4 , 5 , 6)
3. defendant's stance on claims and procedures. (Para 8 , 19)
4. court's interpretation of seizure and notification requirements. (Para 10 , 12 , 22)
5. court's final ruling on compliance with the act. (Para 23)

JUDGMENT

Mohd Sofian Abd Razak J:

[1] The simple and brief facts of this application by way of originating summons (enclosure) by the plaintiff as narrated are that at about 5.30pm on 5 September 2008, the plaintiff and two (2) other persons had been arrested by police officers, together with nine (9) buffaloes which were loaded on a motor-lorry model Mitsubishi Canter with registration number KAS 1565 belonging to the plaintiff (hereinafter called the 'seized goods') The arrest took place about 300 meters from the Malaysian-Thai border.

[2] The nine (9) buffaloes were later handed over to the Kedah State Veterinary Services Department, Alor Setar and thereafter handed over to the defendant. The plaintiff and the two (2) other persons were released on bail of RM2,000 each. The plaintiff averred that the nine (9) buffaloes were no

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2009 MarsdenLR 4421 ; 2009 MarsdenLR 1

MOHD SOFIAN ABD RAZAKSUNTHARARAJU PACHAYAPPAN – AppellantVersusJABATAN KASTAM DIRAJA MALAYSIA – Respondent

MOHD SOFIAN ABD RAZAK
SUNTHARARAJU PACHAYAPPAN – Appellant
Versus
JABATAN KASTAM DIRAJA MALAYSIA – Respondent