JUDGMENT

Raja Azlan Shah Acting LP:

The reference before us is whether the Court has a discretion to order forfeiture of goods seized by any of the officers named in s. 14(1)(a) of the Price Control Act 1946(Revised 1973).The relevant provision of the said Act is s. 14:

(2) Where any price-controlled goods have been seized under subsection (1)(a), then -

(a) if, within thirty days of the seizure, no proceedings are instituted against any person for an offence alleged to have been committed in relation to those goods, the goods and accompanying appliances shall be restored to the person from whom they were seized if he can be found and, if not, shall be disposed of as may be directed by a Magistrate; or

(b) if, within thirty days of the seizure, proceedings are instituted against any person, the goods and accompanying appliances may be forfeited or otherwise disposed of in such manner as the Court may direct:

The respondent pleaded guilty to a charge under s. 22(1) of the Price Control Act 1946 (Revised 1973) for failing to affix tags on his goods i.e. RM20,000 worth of textiles.He was fined RM5,000 and the goods seized were forfeited under s. 14(2)(b) of the said Act. The learned P