Malaysia legislation

Section 97

of *DEVELOPMENT FINANCIAL INSTITUTIONS ACT 2002

Section 97

Release of property, record, report or document seized

(a)

on the close of an investigation or any proceedings arising from the investigation; or

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(b)

with the prior written consent of the Bank or any investigating officer superior to him in rank, at any time before the close of investigation, release any property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information seized, detained or removed by him or any other investigating officer, to such person as he determines to be lawfully entitled to the property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.

(2)

The investigating officer effecting the release under subsection (1) shall record in writing the circumstances of, and the reason for such release.

(3)

Where an investigating officer is unable to locate the person who is lawfully entitled to the property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information the investigating officer shall cause to be published a notice in the Bank’s website calling upon any person who is lawfully entitled to the property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information to claim such property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information within the period stipulated in the notice.

(4)

Where no claim is made upon the expiry of the period specified in the notice published under subsection (3), the investigating officer shall make an application in writing to the court as to the disposal of such property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information.

(5)

The court upon receiving the application under subsection (4)

and being satisfied that the person who is lawfully entitled to the

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property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information cannot be located shall order for the property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information to be forfeited or disposed of by the Bank in accordance with the order made by the court.

Investigating officer may arrest without warrant