A cigarette distributor and its director were acquitted by a sessions court in Butterworth today without their defence being called over their alleged failure to declare nine million cigarettes that were said to be in the midst of transhipment.
Taimin Tobacco Sdn Bhd and director Tan Chor Meng were also freed from their alleged failure to pay duty for the goods that amounted to RM1.8 million.
Judge Noor Aini Yusof said the prosecution failed to establish a prima facie case by proving all the ingredients for both charges.
“There were loopholes in their cases, and two witnesses were unclear in their testimonies when cross-examined,” she said.
Aini said the prosecution also failed to call key witnesses, and the court had to draw an adverse inference.
Taimin Tobacco and Tan as well as another person still at large were said to have failed to pay duty of RM1.8 million for the cigarettes.
They were charged under Section 135 (1) (a) of the Customs Act 1967, which carries a penalty of between RM18 million and RM36 million or up to five years’ jail upon conviction.
They were also charged with failure to declare the cigarettes, an offence under Section 78 of the same Act.
Those found guilty under Section 78 (1)(c) may be fined a minimum of RM50,000 or up to five years’ jail, or both, if convicted.
They were alleged to have committed the offences at the North Butterworth Container Terminal at 10.30am on Feb 23, 2021.
The company put up a defence that the goods were in transit.
Lawyers Muniandy Vestanathan, Gowri Subbaiyah and Ashok Athimulan represented the company and Tan, while Megat Abdul Latif Megat Azlan from the customs department prosecuted.
