Fruit seller goes free on charge of possessing illegal smokes

PORT DICKSON: A 54-year-old fruit seller has been acquitted and discharged by a Magistrate's Court here without calling for his defence on a charge of possessing 340 packs of contraband cigarettes.

Magistrate Siti Huzaifah Abdul Talib said the prosecution had failed to establish a prima facie case against Yit Lee Soon who was alleged to have committed the offence on March 14, 2019.

"After hearing testimonies by prosecution witnesses as well as submissions from both the defence and prosecution, the court finds there is no prima facie case against the accused.

"The court hereby orders the accused to be acquitted and discharged and the bail money returned," she said.

The offence was said to have been committed at around 7.30am on the day in question in a lorry at an open area in front of Jimah Camp Enterprise.

The contraband was valued at RM635.40.

Yit was charged under Section 135(1)(d) of the Customs Act 1967, an offence punishable under Section 135(1)(v)(aa) of the same legislation.

Offenders can be fined 10 times the value of the goods or RM100,000, whichever is higher, upon conviction or jailed between six months and five years, or both.

Yit was represented by Haresh Mahadevan and Ramzani Idris while Muhammad Aidil Azeman prosecuted.