[1] This is an appeal by the Public Prosecutor ('the appellant') against the decision of the Court of Appeal which set aside the order of forfeiture against the properties of the respondent, made by the Kuala Lumpur High Court pursuant to s 56(1) of the Anti-Money Laundering, Anti-Terrorism Financing And Proceeds Of Unlawful Activities Act 2001 ("the Act").

Brief Facts

[2] On 3 November 2011, the appellant filed a criminal application by way of a Notice of Motion for an order of forfeiture of the properties of the respondent and two others, pursuant to s 56(1) of the Act and for a notice to be published in the Gazette pursuant to s 61(2) of the Act calling upon any third party who has interest in the said properties to attend on the date as specified in the Gazette to show cause as to why the said properties should not be forfeited.

[3] Section 56 (1) of the Act states:

"... where in respect of any propert