Section 94 — WILDLIFE CONSERVATION ACT 2010

(a)

any premises has been used; or

(b)

there is in any premises evidence necessary to the conduct of an investigation into,

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the commission of an offence under this Act or any of its subsidiary legislation, the Magistrate may issue a warrant authorizing the enforcement officer named in the warrant, 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)

Without affecting the generality of subsection (1), a warrant issued by the Magistrate may authorize the enforcement officer to—

(a)

search the premises for, and to seize or remove from the premises, any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing that is reasonably believed to furnish evidence of the commission of such offence;

(b)

take samples of any wildlife, part or derivative of any wildlife 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 thing found in the premises.

(3)

An enforcement officer entering any premises under this section may take with him such other person and equipment as may appear to him to be necessary.

(4)

An enforcement officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

(5)

An enforcement officer making a search of person under subsection (4) or section 95 may seize or take possession of, and place in safe custody all things, other than the necessary clothing found upon the person, and any of those things, which there is reason to believe were the instruments or other evidence of the offence may be detained until the discharge or acquittal of the person.

(6)

An enforcement officer may, in the exercise of his powers under this section, if it is necessary so to do—

56 Laws of Malaysia

(a)

break open any outer or inner door or window of the premises or any fence, enclosure, gate or other obstruction to the premises in order to effect entry into the premises and every part thereof;

(b)

remove by force any obstruction to entry, search, seizure and 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.

(7)

Where, by reason of its nature, size or amount, it is not practicable to remove any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized under this section, the enforcement officer shall, by any means, seal such wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing in the premises or container in which it is found.

(8)

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing 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