JUDGMENT

Hazlina Hussain J:

Overview

[1] The prosecution is appealing against the learned Session Court 's Judge (LSC) decision delivered on 30 October 2024, which essentially decided that the prosecution had failed to prove a prima facie case against the Accused. Consequently, the Accused was acquitted and discharged by the LSC.

[2] For ease of reference, this Court refers to the parties in this case according to the reference made in the trial before the Session's Court .

[3] The accused was charged under s 12(1)(f) Passport Act 1966, which is punishable under s 12(2) of the same Act, and the charge in its original text states as follows:

BAHAWA KAMU, pada 12 March 2022 jam lebih kurang 0057 hrs, di Lot 1C, Jalan Perkhidmatan, Kg Baru Sg Buloh, Seksyen U19, 40160 Shah Alam dalam daerah Petaling dalam negeri Selangor, sebagai seorang warganegara Bangladesh, tanpa kuasa yang sah ada dalam milikan kamu senaskah pasport Bangladesh No BX0700440 yang telah dikeluarkan untuk Amir Hossaen. Dengan itu, kamu didapati telah melakukan kesalahan dibawah s 12(1)(f) Akta Pasport 1966 Pind. 1997 yang mana sekiranya disabitkan boleh dihukum di bawah s 12(1) dari Akta yang sama.

Hukuman: Denda tidak melebihi RM10,000.00 atau penjara tidak lebih lima (5) tahun atau kedua duanya sekali.

[4] The prosecution was aggrieved by the LSC's decision and filed an appeal to the High Court .

[5] Hence the appeal.

Facts Of The Case Before The Session Court

[6] On 12 March 2022 at approximately 0057hrs, the Intelligence and Special Operations Division, Malaysian Immigration Department (JIM), Putrajaya, conducted an operation led by Deputy Assistant Director of Immigration (TPPI) Mohamad Tarmizi bin Abdullah as Head of Operations (SP1) at a residential house located at F-1-6 Block F (Melati), Psrn Surian PJU 6, Pelangi, Damansara, 47810 Petaling Jaya, Selangor (hereinafter referred to as the "first premise").

[7] A thorough inspection of the first premise found RM1,140.00 in cash and a set of keys in the accused's possession, and the accused was arrested on suspicion of committing an offence under the Immigration Act 1959/63 [Act 155].

[8] As a result of further questioning of the accused, the accused led the Immigration team to a single-storey shop lot premises located at Lot 1C, Jalan Perkhidmatan, Kg. Baru Sungai Buloh, Section U19, 40160 Shah Alam, Selangor (hereinafter referred to as the "second premise"). Upon arrival at the second premise, the Accused opened it using the key in his possession.

[9] An inspection of the second premise found thirty-seven (37) passports that were suspected of not belonging to the accused, and the Accused was arrested on suspicion of committing an offence under Act 150. The Accused was then arrested, and SP1 made a police report - Damansara/003231/22 dated 12 March 2022.

[10] Surveillance was conducted at the first and second premises. From the surveillance, it was found that there were elements of fraud and exploitation for the Recalibration Program. The Accused had kept a passport that did not belong to him, and the Accused also requested a sum of cash as an advance for the Pass or Permit registration process.

[11] After the investigation conducted by the Investigating Officer (IO), Senior Deputy Assistant Director (TPPK) Mazlan bin Saaizan was completed, the Accused was charged under s 12(1)(f) of Act 150.

[12] Chief Deputy Assistant Director (KTPP) Roslan bin Mat Sahad (SP11) has provided an Inspection Report confirming the genuineness of the inspection findings of Passport No: BX0700440. At the same time, the Visit Pass (Social Work) (PLKS) sticker PC7511980 is counterfeit [Appeal Record Volume 3D p/s 903-907].

[13] The appeal before this Court is mainly concerning the decision of the LSC which ordered that the Accused be discharged and acquitted without being called to enter his defence for the charge under s 12(1)(f) of Act 150 in respect of a copy of Bangladeshi passport No: BX0700440 which was issued for the use of Amer Ho