Section 49A

Except as provided in this section, no statement made by any person to an enforcement officer in the course of an investigation made under this Act or any regulations made under this Act shall be used in evidence.

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to an enforcement officer in the course of an investigation under this Act or any regulations made under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to

46 Laws of Malaysia ACT 678

impeach the credit of the witness in the manner provided by the

Evidence Act 1950 [Act 56].

Where the accused had made a statement during the course of investigation such statement may be admitted in evidence in support of his defence during the course of the trial.

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence

Act 1950.

When any person is charged with any offence in relation to the making or the contents of any statement made by him to an enforcement officer in the course of an investigation made under this

Act or any regulations made under this Act, that statement may be used as evidence in the prosecution’s case.

Power to require production of things related to offence