Malaysia legislation

Section 18

of LAW REFORM (ERADICATION OF ILLICIT SAMSU) ACT 1976

Section 18

Presumptions

(a)

any premises shall be deemed to be used for a purpose if it is used for that purpose even on one occasion only;

*NOTE—Previously “five years”–see Law Reform (Eradication of Illicit Samsu) (Amendment) Act 1988 [Act A711].

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(b)

a person shall, until the contrary is proved, be deemed to be the occupier of any premises if he has, or appears to have, the care or management of the premises;

(c)

if any illicit samsu is found in any premises, it shall be presumed, until the contrary is proved, that the owner or occupier of the premises is trafficking in such samsu knowing it to be illicit;

(d)

if any manufacturing apparatus is found in any premises it shall be presumed, until the contrary is proved, that the owner or occupier of the premises knowingly keeps or knowingly has in his possession that manufacturing apparatus;

(e)

any person who is found to have or to have had in his custody or under his control anything whatsoever containing illicit samsu shall, until the contrary is proved, be deemed to be or to have been trafficking in such samsu knowing it to be illicit;

(f)

if any illicit samsu is found concealed in any compartment specially constructed for the purpose on any vehicle, it shall, until the contrary is proved, be deemed to have been so concealed with the knowledge of the owner of the vehicle and of the person in charge of the vehicle for the time being;

(g)

evidence by a Government chemist in his report or by a senior officer that any apparatus is for manufacturing illicit samsu shall, until the contrary is proved, be deemed to be sufficient evidence of the fact;

(h)

when any suspected illicit samsu has been seized and such samsu is contained in a number of receptacles, it shall be sufficient to analyse samples of the contents of not less than ten per centum of the receptacles of each description and if the analysis establishes that the samples are all of the same nature, quantity and quality, it shall be presumed, until the contrary is proved, that the contents of all the other receptacles of the like description are of the same nature, quantity and quality as the samples so analysed.

Law Reform (Eradication of Illicit Samsu)

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Statement to be admissible in evidence

Section 18 — LAW REFORM (ERADICATION OF ILLICIT SAMSU) ACT 1976