KOTA KINABALU: The Sessions Court here yesterday allowed a local businessman’s application for the return of RM7,282.35 cash which was seized by police under Section 25 (1) of the Dangerous Drugs (Forfeiture of Property) Act 1988.
High Court deputy registrar Zulkifli Abllah ordered the money to be returned to 40-year-old businessman Ang Chung Mow under Section 32 (2) of the Dangerous Drugs (Forfeiture of Property) Act 1988.
In allowing Ang’s application, Zulkifli, who sat as a Sessions Court judge, held there was no evidence to show that the money, which was credited to Ang’s account, was acquired from drug activities.
Ang is currently serving three years in jail after he pleaded guilty at the Magistrate’s Court here on Feb 3, this year, to possessing 81.05 grams of ketamine.
Magistrate Noor Hafizah Mohd Salim ordered Ang to serve the custodial sentence from the date of his arrest on Nov 6, 2009.
The money was seized by the Narcotic Crime Investigation Department of Kepayan Police Headquarters on Nov 10, 2009 after giving a notice to Ang under Section 25 (2) of the Dangerous Drugs (Forfeiture of Property) Act 1988 as they believed the money was acquired from Ang’s drug activities.
On Nov 9, 2009, Chief Inspector Ejang Maih served the order on the branch manager of Public Bank, Donggonggon, Penampang prohibiting the bank from using, transferring or dealing with such property until further instruction.
Ang, who then gave notice under Section 32 (1) of the said Act through his counsel, objecting to the seizure by the police.
The trial started on July 29, this year where Ang himself testified in court while the prosecution, led by deputy public prosecutor Effizah Ernie Idris, called Ejang during the trial.
Zulkifli’s decision was delivered by High Court deputy registrar Zaini Fishir @ Fisal while DPP Aida Jaafar Mad Ariff stood in for Effizah.