Malaysia legislation
Section 32
Section 32
(a)
any premises have been used for or are about to be used for; or
Control of Smoking Products For Public Health 31
(b)
there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act or any regulations made under this Act, the Magistrate may issue a warrant authorizing any authorized officer named in the warrant, to enter the premises at any reasonable time by day or night, and with or without assistance, and if need be by force.
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the authorized officer to—
(a)
seize or take samples of any tobacco product, smoking substance, substitute tobacco product or other thing; or
(b)
seize any document, record, manual, book, material or other article or make a copy of or extract from the document, record, manual, book, material or other article.
(3)
An authorized officer conducting a search under subsection (1)
may, for the purpose of investigating the offence, examine any person who is in or on the premises.
(4)
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
(5)
An authorized officer may, in the exercise of his powers under this section, where it is necessary to do so—
(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 and removal as he is empowered to effect under this section; and
(c)
detain any person found in the premises until the search is completed.
Act 852
(6)
Where, by the reason of its nature, size or amount, it is not practical to remove any receptacle, package, conveyance, book, document or other thing seized under this section, the authorized officer shall seal the conveyance, container or premises in which the receptacle, package, book, document or other thing is found.
(7)
Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes the receptacle, package, conveyance, book, document or other thing seized under seal or attempts to do so, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Search and seizure without warrant