Section 53 — AKTA EKSAIS 1976

(1A)

A proper officer may—

(a)

go on board any vessel or aircraft in any customs port or customs airport or place or within territorial waters;

(b)

require the master of such vessel or the pilot of such aircraft to give such information relating to the vessel or aircraft, cargo, stores, crew, passengers or voyage as he may deem necessary;

(c)

rummage and search all parts of such vessel or aircraft for unexcisable goods;

(d)

examine all goods on board and all goods then being loaded or unloaded;

Excise 79

(e)

demand all documents which ought to be on board such vessel or aircraft; and

(f)

require all or any such documents to be brought to him for inspection, and the master of any vessel and the pilot of any aircraft refusing to allow such officer to board or search such vessel or aircraft, or refusing to give such information or to produce such documents on demand shall be guilty of an offence against this Act.

(1B)

If any place, box or chest on board such vessel or aircraft is locked and the key withheld, such officer may break open any such place, box or chest.

(1C)

If any goods are found concealed on board any vessel or aircraft, they shall be deemed to be unexcisable goods.

(2)

The person in control or in charge of any vehicle, vessel or aircraft examined under the provisions of this section shall on request by the proper officer open all parts of the vehicle, vessel or aircraft for examination by such officer and take all measures necessary to enable such examination as such officer considers necessary to be made.

(3)

Notwithstanding any written law to the contrary, any senior officer of excise may, if he considers it necessary so to do for the enforcement of this Act, erect or place or cause to be erected or placed any barriers on or across any public road or street or in any public place in such manner as he may deem fit; and any proper officer may take all reasonable steps to prevent any person from passing or any vehicle from being driven past any such barrier, including any measure to pursue and apprehend any such person or stop any such vehicle where, having regard to the attendant circumstances at a given moment of time, it is apparent that if such measure is not taken the escape of such person and vehicle to avoid detection or otherwise is likely to be imminent.

(4)

Any person who fails to comply with any reasonable signal of a proper officer requiring such person or vehicle to stop before reaching

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any such barrier shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding one thousand ringgit or to both such fine and imprisonment;

and any proper officer may, without warrant, arrest such person unless he gives his name and address or otherwise satisfies the proper officer that he will duly answer any summons or other proceedings that may be taken against him.

(5)

No proper officer shall be liable for any loss, injury or damage caused to any person or property consequent upon his taking the steps mentioned in subsection (3).

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