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2009 MarsdenLR 190

HIGH COURT MALAYA, ALOR SETAR
SUNTHARARAJU PACHAYAPPAN – Appellant
Versus
JABATAN KASTAM DIRAJA MALAYSIA – Respondent


Table of Content
1. facts about the seizure of goods (Para 1 , 2)
2. plaintiff argues forfeiture notice is invalid (Para 4)
3. defendant asserts legality of seizure and notice (Para 5 , 6 , 7 , 8)
4. court's analysis of application of law (Para 10 , 11)
5. court evaluates procedural adherence to the law (Para 20 , 21)
6. court's conclusion on failure to follow procedure (Para 23)
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 w

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