MEHDI DADASHI HAVADARAGH vs KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 669

COURT OF APPEAL PUTRAJAYA
MEHDI DADASHI HAVADARAGH – Appellant
Versus
KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA & ORS – Respondent

Table of Content
1. appellant's cash was seized leading to an appeal for its return. (Para 1 , 2 , 3)
2. court's observations on the claim made and forfeiture provisions. (Para 4 , 19 , 30)
3. judgment hinged on whether the appellant's written statements were a valid claim. (Para 31 , 32 , 38 , 47)
4. court ruled that the appellant did make a valid claim preventing automatic forfeiture. (Para 52)

Nallini Pathmanathan JCA:

Introduction

[1] On 4 August 2011, a sum of USD350,000.00 in cash was seized from the appellant, one Mehdi Dadashi Havadaragh ("the appellant"), at the Kuala Lumpur International Airport as he was returning to Iran. These cash monies were subsequently 'automatically' forfeited by the Jabatan Kastam Diraja ('the Customs Department'), although no prosecution or charge was issued against the appellant. Such forfeiture was not made known to the appellant, notwithstanding a series of queries by the appellant through his solicitors over a period of one year and ten months.

[2]Upon expiry of this period, the appellant filed a claim in the High Court, seeking the return of the monies so seized. The respondents resisted the claim maintaining that the appellant had failed to submit

Click Here to Read the rest of this document

2015 MarsdenLR 669

COURT OF APPEAL PUTRAJAYAMEHDI DADASHI HAVADARAGH – AppellantVersusKETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA & ORS – Respondent

COURT OF APPEAL PUTRAJAYA
MEHDI DADASHI HAVADARAGH – Appellant
Versus
KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA & ORS – Respondent