KLANG: An e-hailing driver was fined RM101,750 by the Magistrate’s Court here on Wednesday (June 24) after he was found guilty of importing prohibited goods, namely 5,500 bottles of zam-zam water, through West Port here five years ago.
Magistrate Mohd Hirman Ab Raub imposed the sentence on Syed Fazillah Syed Assimie, 41, after the court found the prosecution had proven its case.
The court ordered him to pay a fine equivalent to 10 times the value of the goods, in default one year's jail.
He was also ordered to pay duty amounting to 20% of the goods’ value, totalling RM2,035, to the government through the Royal Malaysian Customs Department under Section 119A of the Customs Act 1967.
The court further ordered all 5,500 bottles of zam-zam water to be forfeited to Customs under Section 127 of the same Act.
The father of three was accused of jointly importing 5,500 bottles of zam-zam water, each with a capacity of five litres, totalling 27,500 litres, valued at RM10,175.
The offence was committed at about noon on June 2, 2021 at the CFS2 Warehouse, West Port, Klang, under Section 135(1)(a) of the Customs Act 1967, read with Section 34 of the Penal Code, and punishable under Section 135(1)(i)(aa) of the Act.
During mitigation, defence counsel Gabriel Susayan sought a reasonable fine, citing the accused’s irregular income as an e-hailing driver and family responsibilities.
However, prosecuting officer Shahrul Amin Shahrul Nizam urged the court to impose a deterrent sentence, saying illegal importation of zam-zam water could cause loss of tax revenue and affect import control regulations.
The court allowed a stay of execution of the fine pending appeal to the High Court, with bail set at RM20,000. – Bernama
