Extension of remand allowed to assist probe under Customs Act, rules court

 

The Johor Bahru High Court ruled that a magistrate had erred in not allowing the remand application for three suspects, who were alleged to have been involved in the smuggling of cigarettes and evading payment of duty to the government. (Reuters pic)

PETALING JAYA: A High Court in Johor Bahru has ruled that police and customs department officers can seek an extension of remand orders from a magistrate to complete their investigation, subject to a maximum remand of 15 days.

Justice Abu Bakar Katar said a magistrate also has the discretion to immediately issue a remand order of up to 15 days.

He said a magistrate had erred in appreciating Section 116C(2) of the Customs Act 1967 which prescribes that a suspect may be produced “from time to time” for his remand to be extended, but not exceeding 15 days in total.

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“This court is of the opinion that the magistrate erred on May 13 (in failing) to use his discretion to consider extending the remand application for three suspects.

“The magistrate did not look into the investigation diary of the police officer (to see) if there are valid reasons to allow the application sought,” Abu Bakar said when setting aside a remand order issued by the magistrate.

Firdaus Arifin of the Johor Bahru Utara district police headquarters (IPD) had on May 8 applied for a six-day remand from the magistrate after arresting three men who were alleged to have been involved in the smuggling of cigarettes and evading payment of duty to the government.

As the police were unable to complete their investigation, Firdaus had on May 13 made an application to extend the remand.

The magistrate, however, refused the application, saying Section 116 did not allow for an extension.

Apart from the customs department, the Act also gives investigation power to the police.

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Abu Bakar had called the case up by way of revision under Section 323 of the Criminal Procedure Code (CPC) to see whether the magistrate’s order was legally correct.

Before delivering his written judgment dated May 31, the judge had invited deputy public prosecutor Syafiq Ghazali and lawyer Rosli Kamaruddin as amicus curiae to assist him in coming to a finding.

Both had submitted that the phrase “from time to time” in the Act means customs and police officers could apply for remand to be extended but subject to a maximum remand of 15 days.

The judge also agreed with Rosli that Section 117 of the CPC, which allows for a remand of up to 14 days, cannot be utilised when investigating offences under the Customs Act. - FMT