Crime & Courts

Man fined over illegal possession of diesel

ALOR STAR: A man was fined RM40,000 by the Sessions Court here today after pleading guilty to illegally possessing 3,844 litres of diesel, worth RM8,264, without a valid licence last year.

Judge N. Priscilla Hemamalini imposed the sentence on J. Nandekumar, 26, from Sungai Lalang, Bedong. The court also ordered the forfeiture of the diesel and the lorry used in the offence.

According to the charge sheet, Nandekumar, who is single, committed the offence about 1.30am on May 19, 2023, at Km10 of the North-South Expressway in Changlun.

The diesel was stored in a modified fibreglass tank at the back of a lorry that he was driving, raising suspicion of unauthorised retail or wholesale trade in controlled goods.

The offence breaches Regulation 3(1) of the Supply Control Regulations 1974, punishable under Section 21 of the Supply Control Act 1961, with penalties outlined in Section 22(1).

For a first offence, Section 22(1) carries a fine of up to RM1 million or imprisonment for up to three years, or both. For subsequent offences, the penalty increases to a fine not exceeding RM3 million or a maximum of five years in prison, or both.

The accused was apprehended by a General Operations Force intelligence team from Bukit Kayu Hitam. Investigations found that the lorry had been rented from an individual.

The prosecution was led by Domestic Trade and Cost of Living Ministry prosecution officer Mohamad Hezrin Abdul Wahab while Nandekumar was represented by lawyer R. Thevan.

In mitigation, the defence pleaded for leniency, requesting only a fine be imposed, citing Nandekumar's role in providing for his family.

Thevan said Nandekumar, who only studied up to Year Six, earned RM40 a day working at a car wash and his guilty plea had saved the court's time.

However, the prosecution urged the court to impose a commensurate sentence, emphasising the seriousness of diesel-related offences and pointing out that the accused had a prior conviction for a similar offence.

Nandekumar had been previously fined RM30,000 under the same section on May 28.

It is understood that the accused has since paid the fine.

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