Section 31B — POISONS ACT 1952

(a)

any land, building or part of any building;

(b)

any place whether open or enclosed;

(c)

any conveyance;

(d)

any installation on land, offshore installation or other installation whether on the bed of or floating on any water; and

(e)

any structure movable or immovable.

(2)

When an authorized officer has reasonable cause to believe that an offence under this Act or any regulations made under this Act has been or is being committed in any premises or in connection with any business carried on in any premises, the authorized officer may at any reasonable time by day or by night and with or without assistance—

(a)

enter the premises and if need be by force;

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(b)

search the premises for, and to seize or remove from the premises any poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article that is reasonably believed to furnish evidence of the commission of such offence;

(c)

inspect or require any person to produce for the purpose of inspection—

(i)

any substance reasonably believed to be or to contain any poison or psychotropic substance;

(ii)

conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article, which in his opinion may furnish evidence of the commission of an offence under this Act or any regulations made under this Act;

(d)

take samples of any poison or psychotropic substance found in the premises for the purpose of ascertaining, by testing or otherwise, whether any offence under this Act or any regulations made under this Act has been committed; or

(e)

make copies of or take extracts from any book, register, record, document, computerized data or other article found in the premises.

(3)

An authorized officer entering any premises under this section may take with him any other person and equipment as may appear to him to be necessary.

(4)

The owner, occupier or any person who has control of such premises or who is present at such premises, shall permit every authorized officer and any other person referred to in subsection (3) to have access to the premises for the purposes specified in this section and shall supply to the authorized officer all such information as may be requested by the authorized officer, and shall afford the authorized

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officer such assistance as may be reasonably necessary for such purposes.

(5)

An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do—

(a)

break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;

(b)

remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under this section; and

(c)

detain any person found in the premises until the search has been completed.

(6)

Where, by reason of its nature, size or amount, it is not practicable to remove any poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article seized under this section, the authorized officer shall, by any means, seal such poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article in the premises or container in which it is found.

(7)

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes the poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article under seal or attempts to do so shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(8)

Any person who—

(a)

obstructs or impedes an authorized officer in the performance of his duties under this Act or any regulations made under this Act;

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(b)

refuses or neglects to comply with any requisition made in pursuance of this section; or

(c)

gives or supplies any false or misleading statement or information to an authorized officer, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Power to access premises and land