KUALA LUMPUR – A local vape products distributor is taking legal action against the authorities after their company accounts were frozen.
The company is seeking a declaration from the court that the authorities acted unlawfully in failing to respond to their request to unfreeze the accounts.
Apod Distribution Sdn Bhd filed an application for judicial review at the Kuala Lumpur High Court on April 16, challenging the ongoing freeze of two company accounts. The company claims the freeze is hindering its ability to fulfil outstanding payments to suppliers, amounting to RM31.314 million.
According to court documents, Apod Distribution was served with a freeze order by police on November 22, 2023. The order was initially set to expire in February 2024 but was later extended by authorities.
Company director, Khua Soo Ping, stated in the court documents that while investigations are ongoing following a report filed at the Damansara police station, authorities have failed to provide specific details regarding any alleged criminal misconduct.
“I verily state that at all material times, I cooperated fully during the probe with the investigating officer,” Khua said in his affidavit dated April 16.
On March 25, 2024, the company sent a letter to the deputy public prosecutor’s office and the investigating officer, demanding details of any suspicious transactions from their company accounts and requesting a variation or cancellation of the freezing order.
The Attorney-General’s Chambers (AGC), in their submissions opposing Apod Distribution’s application, argued that the company’s claims could not be subjected to judicial review as the allegations relate to the conduct of a criminal investigation process.
The AGC also stated that Apod Distribution failed to comply with the limitation period for initiating a judicial review action.
“Therefore, it is the AGC’s contention that the date when the grounds for application arose falls on November 11, 2023 (the date of the freeze order).
“The present judicial review, which was filed on April 16, 2024, evidently surpasses the prescribed three-month duration,” the AGC’s submissions said.
According to the e-Filing system, the high court is set to decide whether or not to allow Apod Distribution’s judicial review action on September 18, 2024.
The company is also seeking an order to quash the freeze orders against its company accounts and to grant the company full access to its finances, among other things.
It named a deputy public prosecutor, the AGC, the investigating officer, police, and the federal government as respondents to the action. – September 15, 2024