Section 51
Magistrate may issue search warrant
Whenever it appears to any Magistrate, upon written information on oath and after any enquiry which he may deem necessary that there is reasonable cause to believe that in any dwelling house, shop, or other building or place, or on board any vessel other than a vessel which is or has the status of a ship of war or any aircraft, there are concealed or deposited any goods liable to forfeiture under this Act, or under any regulations made thereunder, or as to which an offence under this Act or any regulations made thereunder has been committed, such Magistrate may issue a warrant authorizing any officer of excise named therein, by day or night and with or without assistance—
(a)
to enter such dwelling house, shop or other building, place, vessel or aircraft and there to search for and seize any goods
Excise 77
reasonably suspected of being liable to forfeiture under this
Act, or under any regulations made thereunder, or as to which any offence under this Act is suspected to have been committed, and any books or documents which may reasonably be believed to have a bearing on the matter; and
(b)
to arrest any person being in such dwelling house, shop or other building, place, vessel or aircraft in whose possession such goods as aforesaid may be found or whom such officer may reasonably suspect to have concealed or deposited such goods.
(2)
Such officer may if it is necessary so to do—
(a)
break open any outer or inner door of such dwelling house, shop or building, place, vessel or aircraft and enter thereinto;
(b)
forcibly enter such place, vessel or aircraft and every part thereof;
(c)
remove by force any obstruction to such entry to search, seizure and removal as he is empowered to effect; and
(d)
detain every person found in such place, vessel or aircraft until such place, vessel or aircraft has been searched.
(3)
Where by reason of its nature, size or amount it is not practicable to remove any goods, document or thing seized under this section, the officer of excise may, by any means, seal the dwelling house, shop or other building, place, vessel or aircraft or such goods, document or thing in the dwelling house, shop or other building, place, vessel or aircraft in which it is found.
(4)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the goods, document or thing under seal, or attempts to do so, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.
78 Laws of Malaysia ACT 176