An e-hailing driver was fined RM101,750 by the Magistrates’ Court here on Wednesday after being found guilty of illegally importing 5,500 bottles of zam-zam water through West Port, Klang, five years ago.
Magistrate Mohd Hirman Ab Raub handed down the sentence against 41-year-old Syed Fazillah Syed Assimie after ruling that the prosecution had successfully proven its case beyond reasonable doubt following the conclusion of the defence stage.
The court ordered the father of three to pay a fine equivalent to 10 times the value of the imported goods. Failure to settle the fine will result in a one-year jail sentence.
In addition, the court directed him to pay customs duty amounting to RM2,035, representing 20 per cent of the value of the goods, to the Royal Malaysian Customs Department (JKDM) under Section 119A of the Customs Act 1967.
Mohd Hirman also ordered the forfeiture of all 5,500 bottles of zam-zam water to JKDM under Section 127 of the Customs Act 1967.
According to the charge, Syed Fazillah was accused of jointly importing prohibited goods consisting of 5,500 five-litre bottles of zam-zam water, amounting to 27,500 litres with a total value of RM10,175.
The offence was allegedly committed at about noon on June 2, 2021, at the CFS2 Warehouse, West Port, Klang.
He was charged under Section 135(1)(a) of the Customs Act 1967, punishable under Section 135(1)(i)(aa) of the same Act, read together with Section 34 of the Penal Code.
During mitigation, defence counsel Gabriel Susayan urged the court to impose a reasonable fine, citing his client’s unstable income as an e-hailing driver and his responsibility to support his family.
However, JKDM prosecuting officer Shahrul Amin Shahrul Nizam argued that a deterrent sentence was necessary to remind the public to comply with laws governing the importation of zam-zam water and other prohibited items.
He said the illegal entry of zam-zam water could result in tax revenue losses for the country and undermine controls over imported goods entering Malaysia.
Following the decision, the defence applied for a stay of execution of the fine pending an appeal to the High Court. The court granted the application and allowed bail of RM20,000.
