Adam Asmuni and Lyiana Roslee were arrested by police on Jan 20, 2021. During a raid of the couple’s bungalow in Ampang, police allegedly found cannabis plants and bottles containing cannabis liquid.
Other items seized included cash, cars, motorcycles, luxury watches, handbags, laptops, bracelets, necklaces as well as Amanah Saham Bhd (ASB) accounts.
The couple was subsequently charged in the Ampang magistrates’ court on three counts of trafficking and illegal cultivation of cannabis plants.
Police also filed an application in the sessions court here under Section 32(2) of the Dangerous Drugs (Forfeiture of Property) Act 1988, seeking to forfeit the items seized from them.
Both Adam and Lyiana filed third party claims to regain possession of their items.
Judge Nor Hasniah Ab Razak, however, only granted their bid for a total of RM3,250 in seized cash.
The court also ordered that RM28,513.97 out of RM81,468,51 in two ASB accounts be returned to Lyiana. The balance of RM52,954.54 and all other items seized were forfeited to the government.
Hasniah said the couple failed to adduce evidence that the BMW X5 and BMW 328i cars seized had been paid for by their printing company, Percetakan Alfa Gemilang Sdn Bhd.
There was also no evidence to show the printing company made monthly payments to service loans for the purchase of the cars, she said.
The court also found that no witnesses had testified to Lyiana’s purchase of the luxury watches from their respective retailers. Neither did family members attest to having given gifts in the form of jewellery to Lyiana and her daughter.
Hasniah said a chartered accountant should have been called to testify whether Percetakan Alfa Gemilang ever paid income due to the couple into their ASB accounts.
The couple is appealing the decision to the High Court, which lawyer Rafique Rashid Ali said has been fixed for case management on June 15.
“Meanwhile, their drug trafficking trial will be heard from Nov 20 to 23 before judicial commissioner Ooi Su Ghee at the Shah Alam High Court,” he said.
Last year, Lyiana had lodged representations to the prosecution, seeking that her three drug trafficking charges be dropped. She was unsuccessful.