SHAH ALAM: A kretek cigarette importing company and its director were fined a total of RM2.08 million by the Shah Alam Sessions Court for using a registered trademark without approval.
Judge Rasyihah Ghazali delivered the sentence after finding the defence failed to raise reasonable doubt against the prosecution’s case.
The court convicted Ramunas Sdn Bhd and its director Roslan Abu Bakar, 61, following a trial that began in 2021.
Ramunas was fined RM1.56 million while Roslan received a RM520,000 fine with 12 months’ imprisonment in default of payment.
A total of 13 prosecution witnesses and four defence witnesses testified during the proceedings.
The court also ordered the forfeiture of all case exhibits to the government for disposal.
These exhibits consisted of 520,000 boxes of ‘JOHN’ brand cigarettes seized during the investigation.
Roslan faced charges for having control of the cigarettes for trade purposes at a Port Klang warehouse on October 21, 2020.
The charges were framed under Section 102(1)(c) of the Trademarks Act 2019 for using a falsely applied registered trademark.
This offence carries a maximum penalty of RM10,000 per item or three years’ imprisonment for individuals.
Companies face maximum fines of RM15,000 for each item bearing a falsely applied trademark under the same legislation.
Deputy public prosecutors Shafiq Mahadi and Hakiim Izani appeared for the prosecution throughout the case.
Lawyer R. Janeni Devi provided legal representation for both the company and its director during the trial. – Bernama