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Published: Wednesday November 25, 2009 MYT 1:19:00 PM

Mini market owner gets DNAA for operating shop illegally


TEMERLOH: Mini market owner Subramaniam Gopal was given a discharge not amounting to an acquittal by the Temerloh magistrate’s court for running a provision shop without a valid licence.

He pleaded not guilty to four charges of operating his business - the GSM Mini Market - on 10A, Jalan Besar Lanchang in Lanchang, Pahang without a licence on March 10, March 17, April 18 and June 6 in 2006.

Subramaniam, 50, who was served with four summonses by the Temerloh Municipal Council, was initially given a discharge not amounting to an acquittal by the Temerloh High Court.

The council then brought him back to the magistrate’s court to answer the four charges under Section 2 of the Trade and Industries (Temerloh Municipal Council) By-laws 1984, of the Local Government Act 1976 (LGA).

On Nov 22, the Sunday Star had in a front page article reported the Temerloh High Court declaring that Section 120 of the LGA was unconstitutional on Sept 11.

In his decision in a criminal revision filed by Subramaniam against a magistrate’s court decision, Judicial Commissioner Akhtar Tahir said Section 120 — which empowered the council to initiate prosecutions — was ultra vires Article 145(3) of the Federal Constitution which gives that right to the Attorney-General.

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