An article by Mr. Voon Lee Shan, a Senior Legal Practitioner. Introduction It is not easy to defend clients facing charges for possession of uncustomed goods, especially, if the goods involved were uncustomed beers and cigarettes. This is because the prosecution’s burden of proof is aided by presumption clauses in the Customs Act. Once client is found in possession of suspected uncustomed goods the burden shifts to the client to prove that customs duties had been paid for the goods. Further, documentary evidence signed by the analyst purporting to be a certificate made under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein. In this article, let us concentrate on cases of uncustomed beers and cigarettes – because such cases are more common and difficult to defend. Power of Investigation Customs officers’ power to conduct investigation, arrest and seizure of uncustomed goods and persons are derived from the Customs Act itself. However, where no provisions are provided, the powers of investigation are supplemented by the Criminal Procedure Code. Once the client is put under arrest, the client can be searched and be brought to the police station or be […] read more