Pendakwa Raya v 1. ) SITI ROHIYA BINTI MOKHTAR 2. ) PORIMUS @ PRIMUS BIN LONGKIAD 3. ) JUSTINA BINTI PINSIN 4. ) WILFRED BIN MASSIN 5. ) ANSON BIN TANGKONG 6. ) PBEE LINK TRADING 7. ) SARASWATY A/P SANDRA RAJU 8. ) PBE LINK TRADING 9. ) PBEE LINKS RESOURCES 10. ) SIVA KUMAR A/L RAMASAMY 11. ) PREMJITHA A/P PRADOMONO 12. ) HARINI FARM & AGRO 13. ) HARINI FEED TRADING 14. ) HARINI CONSTRUCTION AND HEAVY MACHINERY SDN. BHD. 15. ) HARINI JEWELLERY SDN. BHD.

na-44-13-07-2025 High Court (Mahkamah Tinggi) 28 October 2025 • NA-44-13-07/2025

Catchwords

This case concerns an application by the Public Prosecutor for a stay of execution under section 311 of the Criminal Procedure Code following the striking out of a forfeiture application under the AMLATFPUAA. The application was dismissed. It was held that section 311 applies only where there is an executable judgment, order, conviction or sentence, which was absent in a mere striking out for procedural default. The Court further finds that a stay cannot be used to extend the statutory twelve-month lifespan of a seizure order. Allowing such relief would contravene Article 13 of the Federal Constitution.

Practice Areas

This case concerns an application by the Public Prosecutor for a stay of execution under section 311 of the Criminal Procedure Code following the striking out of a forfeiture application under the AMLATFPUAA. The application was dismissed. It was held that section 311 applies only where there is an executable judgment, order, conviction or sentence, which was absent in a mere striking out for procedural default. The Court further finds that a stay cannot be used to extend the statutory twelve-month lifespan of a seizure order. Allowing such relief would contravene Article 13 of the Federal Constitution.

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (16)

HARINI CONSTRUCTION AND HEAVY MACHINERY Sdn Bhd Respondent HARINI JEWELLERY Sdn Bhd Respondent Pendakwa Raya Applicant Anson bin Tangkong Respondent Harini Farm & Agro Respondent Harini Feed Trading Respondent Justina binti Pinsin Respondent Pbe Link Trading Respondent Pbee Link Trading Respondent Pbee Links Resources Respondent Porimus @ Primus bin Longkiad Respondent Premjitha a/p Pradomono Respondent Saraswaty a/p Sandra Raju Respondent Siti Rohiya binti Mokhtar Respondent Siva Kumar a/l Ramasamy Respondent Wilfred bin Massin Respondent

Case Significance

Pendakwa Raya v 1. ) SITI ROHIYA BINTI MOKHTAR 2. ) PORIMUS @ PRIMUS BIN LONG... is a High Court (Mahkamah Tinggi) decision dated October 28, 2025 (citation: na-44-13-07-2025). The case was decided by Ahmad Shahrir b. Mohd Salleh.

What was the outcome of Pendakwa Raya v 1. ) SITI ROHIYA BINTI MOKHTAR 2. ) PORIMUS @ PRIMUS BIN LONG...?

Pendakwa Raya v 1. ) SITI ROHIYA BINTI MOKHTAR 2. ) PORIMUS @ PRIMUS BIN LONG... is a High Court decision dated October 28, 2025. The case was heard by Ahmad Shahrir b. Mohd Salleh. See the full judgment for details.