Malaysia legislation
Section 58
Section 58
(a)
any premises has been used or are about to be used for;
or
(b)
there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act or the rules or regulations, the Magistrate may issue a warrant authorizing any authorized officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.
(2)
A warrant issued under subsection (1) may authorize the authorized officer to—
(a)
search the premises for, and to seize or remove from the premises any kenaf, kenaf product, tobacco, tobacco product, conveyance, machinery, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the commission of such offence;
(b)
take samples of any kenaf, kenaf product, tobacco, tobacco product or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and
(c)
make copies of or take extracts from any book, record, document or other article found in the premises.
National Kenaf and Tobacco Board 43
(3)
An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.
(4)
An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do,—
(a)
break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;
(b)
remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under this section; and
(c)
detain any person found in the premises until the search has been completed.
(5)
Where, by reason of its nature, size or amount, it is not practicable to remove any kenaf, kenaf product, tobacco, tobacco product, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this section, the authorized officer shall, by any means, seal such kenaf, kenaf product, tobacco, tobacco product, conveyance, machinery, contrivance, equipment, book, record, document or other article in the premises or container in which it is found.
(6)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (5) or removes the kenaf, kenaf product, tobacco, tobacco product, conveyance, machinery, contrivance, equipment, book, record, document or other article under seal or attempts to do so commits 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.
Search and seizure without warrant