PHILLVIN GUACHIN v Pendakwa Raya
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Parties (2)
Case Significance
PHILLVIN GUACHIN v Pendakwa Raya is a High Court (Mahkamah Tinggi) decision dated January 29, 2026 (citation: ja-44-39-10-2025). <p>The applicant sought to quash customs charges related to the seizure of prohibited cigarettes worth RM45,960 found in his lorry at the Sultan Abu Bakar Complex export bay. He argued the charges were defective and the seizure was invalid as prosecution was not initiated within the period required under Section 128(4) of the Customs Act 1967. The court dismissed the motion, finding the applicant had no standing to challenge the prosecution under Article 145(3) of the Federal Constitution and ha The case was decided by Abdul Fareed bin Abdul Gafoor. Counsel appearing: Nur Syakirin Yaccob (prosecution counsel), Siti Nabila Binti Hamzah (counsel for applicant).
Summary
The applicant sought to quash customs charges related to the seizure of prohibited cigarettes worth RM45,960 found in his lorry at the Sultan Abu Bakar Complex export bay. He argued the charges were defective and the seizure was invalid as prosecution was not initiated within the period required under Section 128(4) of the Customs Act 1967. The court dismissed the motion, finding the applicant had no standing to challenge the prosecution under Article 145(3) of the Federal Constitution and had not filed a valid written claim for the seized goods under Section 128.
What was the outcome of PHILLVIN GUACHIN v Pendakwa Raya?
<p>The applicant sought to quash customs charges related to the seizure of prohibited cigarettes worth RM45,960 found in his lorry at the Sultan Abu B...