Kota Kinabalu: A woman trader was fined a total of RM4,500 by the Sessions Court, Monday, on two counts of having for sale coffee powders containing poison and unregistered products, two years ago.
Roslinda Usman, 45, pleaded guilty before Judge Elsie Primus to committing the offences at noon on Feb 27, 2020 at a stall, at Indah Permai Hawkers Centre, Taman Indah Permai, Off Jalan Sepanggar.
On the first count, Roslinda was fined RM2,000 or three months jail for having for sale nine packets of ‘Kopi Harimau’, 17 packets of ‘Strong Man Coffee’, which were detected to contained Sildenafil and Tadalafil; and another 20 packets of ‘Kopi Harimau’, 13 packets ‘Natural Herbs Coffee’ and 20 packets ‘Strong Man Coffee’, which were detected to contained Tadalafil.
The charges stated that Sildenafil and Tadalafil were poisons listed in the First Schedule of the Poisons Act 1952.
The offence was framed under Section 13(a) of the Poison Act 1952 which is punishable under Section 32(2) of the same Act which provides for a fine of up to RM3,000 or jail term of up to a year or both, on conviction.
Rosalinda, on the second count, was fined RM2,500 or three months jail for having three unregistered products namely 11 unit of Kinoki, six-unit of Fresheare Strong and two-unit of Al-Barakah Ayam Selasih.
She was found to have violated Regulation 7(1)(a) of the Control of Drugs and Cosmetics Regulations 1984, an offence under Regulation 30(1) of the same Regulations and punishable under Section 12(1) of Sale of Drugs Act 1952 which carries a fine of up to RM25,000 or jail term of up to three years or both on conviction.
Rosalinda, who was not represented, requested a lenient sentence and said that she was not aware that the products contained poison.
Prosecuting officer from the Pharmacy Department Lokman Hakim Abdullah pressed for a deterrent sentence to traders for the safety and health of the public and a lesson to Rosalinda and would-be offenders.
He submitted that the sale and use of such products are not permitted without the supervision of a medical expert and that the use of the product is only allowed after a health check.
Lokman informed the court that the seized products for sale were from a cosmetics stall sold by employees who have no direct knowledge of medicine which is dangerous to consumers.
“The product is sold in the form of coffee powder and this is a form of fraud that tries to obscure the authorities, especially the Health Ministry,” said Lokman, adding that risks such as heart attacks and cardiovascular complications could occur to consumers.
Roslinda paid the fine.
