JUDGMENT

David Wong Dak Wah J:

Proceedings

[1] The plaintiff's claims are as follows:

i. A declaration that the seizures of all the said goods by the servant and/or agents of the defendants were illegal, unlawful and/or null and void:

ii. A declaration that the sale of all the said goods to Bernas were illegal, unlawful and/or null and void;

iii. Special damages totaling RM681,795

iv. General damages to be assessed by this court;

v. Exemplary damages;

vi. Interest to be charged on the said amount of damages at the rate of 8% per annum from the date of seizure to date of judgment and realization;

vii. Any other orders or reliefs this Honourable court deems fit and just; and

viii. Costs of this action.

[2] The above reliefs are based on the allegation that the defendants' seizures of the plaintiff's goods were done "without reasonable or legal ground or reasonable or probable cause".

[3] For the defendants, their defense was that the seizures were carried out properly pursuant to the Customs Act 1967 and since the plaintiff had not made its claim within one month from the dates of seizures as provided for in s. 128(1) of the Customs Act 1967 the goods were deemed to be forfeited.

The Facts

[4] Th