KLANG, June 24 — An e-hailing driver was fined RM101,750 by the Magistrate’s Court today after he was found guilty of importing prohibited goods, namely 5,500 bottles of Zam-Zam water through West Port, Klang, 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 the accused to pay a fine equivalent to 10 times the value of the goods, with a one-year jail term in default of payment.
He was also ordered to pay customs duty amounting to 20 per cent of the goods’ value, totalling RM2,035, to the government through the Royal Malaysian Customs Department (JKDM) under Section 119A of the Customs Act 1967.
The court further ordered all 5,500 bottles of Zam-Zam water to be forfeited to JKDM under Section 127 of the same Act.
According to the charge, 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 12pm 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 same Act.
During mitigation, defence counsel Gabriel Susayan sought a reasonable fine, citing Fazillah'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 that the illegal importation of Zam-Zam water could cause a loss of tax revenue and undermine 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.
