KAVINDRA A/L SUPPIAH v Pendakwa Raya

w-05-353-09-2023 Court of Appeal (Mahkamah Rayuan) 16 April 2025 • W-05-353-09/2023 • 57 min read
8 cases cited (0 SG, 8 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (5)

Parties (2)

Case Significance

KAVINDRA A/L SUPPIAH v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated April 16, 2025 (citation: w-05-353-09-2023). <p>Kavindra appealed the forfeiture of his Honda CRZ and RM90,000 cash under section 56 of AMLATFPUAA 2001, arguing his conviction was for a lesser offence of drug possession (not trafficking). The Court of Appeal dismissed the appeal, holding that the forfeiture was properly granted as the original trafficking charge constituted a 'serious offence' under the Act.</p> The panel comprised Azmi bin Ariffin, Choo Kah Sing and Mohd Nazlan bin Mohd Ghazali, with Mohd Nazlan bin Mohd Ghazali delivering the judgment. Counsel appearing: Afzainizam bin Abdul Aziz (counsel for respondent), Chew Jee San (counsel for appellant), Kitson Foong (counsel for appellant), Vivian Yew Zhi Xuan (counsel for appellant).

Summary

Kavindra appealed the forfeiture of his Honda CRZ and RM90,000 cash under section 56 of AMLATFPUAA 2001, arguing his conviction was for a lesser offence of drug possession (not trafficking). The Court of Appeal dismissed the appeal, holding that the forfeiture was properly granted as the original trafficking charge constituted a 'serious offence' under the Act.

What was the outcome of KAVINDRA A/L SUPPIAH v Pendakwa Raya?

<p>Kavindra appealed the forfeiture of his Honda CRZ and RM90,000 cash under section 56 of AMLATFPUAA 2001, arguing his conviction was for a lesser of...

Statutes Cited

Dangerous Drugs Act 1952
s 39B
Penal Code (Cap 574)

Cases Cited (8)

UK (1)
[1947] 2 All ER 372
MY (7)
[2016] 2 CLJ 763 [2018] 1 CLJ 305 [2018] 10 CLJ 597 [2020] 6 CLJ 760 [2020] 8 CLJ 319 [2021] 3 CLJ 198 [2024] 3 CLJ 563