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Kota Kinabalu: A man, who was sentenced to six months’ jail for having smuggled alcoholic beverages, saw his conviction and sentence set aside by the High Court.

Judge Datuk Nurchaya Hj Arshad, allowed the appeal by Tan Tze Juen after going through the submissions by his counsel and the prosecution, as respondent.

The court set aside the conviction and sentence and ordered the case to be remitted back to lower court before another magistrate.

Tan, 31, was on April 27, 2021 sentenced to six months’ by the Magistrate’s Court after he pleaded guilty to committing the offence at 3.15pm on Nov 16, 2020 at a beach in Kg Siampak Lambidan Menumbok, Beaufort.

Tan managed to obtain a stay of execution of the sentence pending his appeal to the High Court.

The charge under Section 135(1)(d) of the Customs Act 1967 which provides for a fine of not less than 10 times the value of the seized items and up to 20 times the value or jail term of up to three years.