Malaysia legislation
Section 26i
Section 26i
Without prejudice to subsection 26e(2) and section 26f, any timber, conveyance, machinery, contrivance, equipment, book, record, document or other article that an enforcement officer reasonably suspects has been used or will be used in the commission of an offence under this Act may be seized and detained by the enforcement officer.
Power to stop, search and seize conveyances 26j. (1) If an enforcement officer has reasonable cause to suspect that any conveyance is carrying any timber, machinery, contrivance, equipment, book, record, document or any other article in respect of which an offence under this Act is being or has been committed, he may stop and examine the conveyance and may, if on examination he has reasonable cause to believe that such conveyance is or has been used for the commission of such offence, seize such conveyance and any timber, machinery, contrivance, equipment, book, record, document or other article found in the conveyance that is reasonably believed to furnish evidence of the commission of such offence.
(2)
The person in control or in charge of the conveyance shall, if required to do so by the enforcement officer—
(a)
stop the conveyance and allow the enforcement officer to examine it; and
(b)
open all parts of the conveyance for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the enforcement officer considers necessary.
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Act 105
(3)
Any person who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
List of things seized 26k. (1) Where any seizure is made under this Act, an enforcement officer making the seizure shall prepare a list of timber, conveyance, machinery, contrivance, equipment, book, record, document or other article seized and of the premises in which it is found and shall sign the list.
(2)
The list prepared in accordance with subsection (1) shall be delivered immediately to—
(a)
the occupant of the premises where the timber, conveyance, machinery, contrivance, equipment, book, record, document or other article seized is found; and
(b)
the person in control or in charge of the conveyance where the seizure is made under section 26j.
(3)
Where the seizure is made in or from any premises, which is unoccupied, the enforcement officer shall whenever possible post a list of things seized conspicuously at the premises.
(4)
Where any timber, conveyance, machinery, contrivance, equipment, book, record, document or other article is seized otherwise than in or from any premises, the enforcement officer making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the timber, conveyance, machinery, contrivance, equipment, book, record, document or other article seized by delivering a copy of such notice to the owner in person or by registered post at his place of business or residence.
Temporary return of conveyance, etc.