Detention not justified, rules court over duo held in supermarket raid

 

Lawyers for the duo told the Butterworth High Court their clients had fully cooperated with authorities and there was no reason for their continued detention. (Reuters pic)

BUTTERWORTH: 

The High Court here has freed a supermarket owner and his employee who were being remanded for eight days after being arrested on Sunday for allegedly possessing untaxed alcohol and cigarettes.

Justice Fathiyah Idris, in overturning the eight-day remand order, said the investigation diary is incomplete and the magistrates’ court in Jawi failed to provide sufficient reasons for approving the remand application.

The duo, aged 46 and 47, were arrested on March 16 following a customs raid on the supermarket in Jawi.

During the operation, customs officers were said to have seized untaxed beer, liquor and cigarettes from the storage areas and the checkout counter.

The duo were brought before magistrate Nurul Ainna Ahmad, who granted an eight-day remand order until March 30 under Section 135(1)(d) of the Customs Act 1967.

The section criminalises possession or storing of goods that are prohibited, untaxed, or for which duties have not been paid.

Under Section 116(c)(2) of the Act, authorities may apply for a remand order of up to 15 days if suspects do not provide relevant information within 24 hours.

Lawyer RSN Rayer, who represented the duo in the High Court with Arvend Rajandran and Arvind Santhanam, argued that his clients had fully cooperated with authorities and that there was no reason for their continued detention.

He also pointed out that CCTV footage had been obtained, witness statements recorded, and the seized goods had been documented.

This, he said, made the extended remand unnecessary.

Rayer also argued that the store regularly received deliveries without invoices, and there was no proof that his clients had ordered or knowingly kept illicit goods.

Fathiyah agreed, ruling that the investigation process was flawed and that continued detention was unjustified. She ordered the duo to be released immediately.

Ahmad Nazreen Zulkifli appeared for the customs department.

The arrests were part of a joint enforcement operation involving the customs department, the police, the domestic trade and cost of living ministry and the Penang Islamic religious affairs department. - FMT