Judge Mazni Nawi said the prosecution failed to establish a prima facie case against The China Engineers (Malaysia) Sdn Bhd, which operates Kok Foh Palm Oil Mill in Bahau, Negeri Sembilan.

“The evidence presented was insufficient to warrant the company to enter its defence,” Mazni said.

According to the charge sheet, the company was accused of permitting the release of black smoke from a boiler at its premises in Bahau at about 12.35pm on April 24, 2021.

The emission was said to have exceeded the permissible limit under the Ringelmann Chart for a total of five minutes within a one-hour inspection period, violating Regulation 12(1) of the Environmental Quality (Clean Air) Regulations 2014.

Under Regulation 29, offenders could be fined up to RM100,000 or jailed for up to two years, or both, upon conviction.

Fitri Soroni from the Negeri Sembilan environment department conducted the prosecution while Habizan Rahman and Sarina Alwi represented the company.