Malaysia legislation
Section 26
Section 26
(2)
Notwithstanding subsection (1), when any movable property, including any movable property referred to in subsection (4), has been seized under this Act, a senior police officer superior in rank to the senior police officer who effected the seizure may at his discretion—
(a)
temporarily return the movable property to the owner thereof or to the person from whose possession, custody or control it was seized, or to
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Laws of Malaysia ACT 340
such person as a senior police officer may consider entitled thereto, subject to much terms and conditions as a senior police officer may impose, and, subject, in any case, to sufficient security being furnished to the satisfaction of a senior police officer that the movable property shall be surrendered to a senior police officer on demand being made by a senior police officer and that the said terms and conditions, if any, shall be complied with; or
(b)
return the movable property to the owner thereof or to the person from whose possession, custody or control it was seized, or to such person as a senior police officer may consider entitled thereto, with liberty for the person to whom the movable property is so returned to dispose of the same, such return being subject to security being furnished to the satisfaction of a senior police officer in an amount not less than an amount which, in the opinion of a senior police officer, represents the open market value of such property on the date on which it is so returned subject to the condition that if the property is forfeited under this Act, the security shall be forfeited under subsection (3) in lieu of the property.
(3)
Where any person fails to comply with the terms under which any property was temporarily returned under paragraph (2)(a), or where any property returned under paragraph (2)(b) is forfeited, the security furnished by the person to whom the property was returned shall be forfeited, and in the case of a person to whom any property was returned under paragraph (2)(a), he shall be guilty of an offence and shall be sentenced to a fine of not less than two and not more than ten times the amount of the security furnished by him under paragraph (2)(a), and to imprisonment for a term not exceeding one year.
Dangerous Drugs (Forfeiture of Property) 53
(4)
When any movable property seized under this Act consists o f m o n e y , s h a r e s , s e c u r i t i e s , s t o c k s , d e b e n t u r e s o r a n y chose-in-action, in the possession or under the control of any person other than the person against whom the prosecution, or proceedings under Part III, is or are intended to be taken, the seizure shall be effected by the senior police officer serving an order on such person—
(a)
prohibiting him from using, transferring, or dealing with such property; or
(b)
requiring him to surrender the property to a senior police officer in the manner and within the time specified in the order.
(5)
Where the movable property seized is liable to speedy decay or deterioration, or is property which cannot be maintained without difficulty, or which it is not practicable to maintain, and which cannot be dealt with under subsection
(2)
, a senior police officer may sell or cause to be sold the same by public auction or in such manner as may be practicable and hold the proceeds of the sale, after deducting therefrom the costs and expenses of the maintenance and sale of the property, to abide the result of any proceedings under this
Act.
Special provision relating to seizure of a business