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Section 56C

Procedure where investigation cannot be completed within twenty-four hours

of Excise Act 1976

ActIn forceProvision 107 of 190
Section 56C
(1)

Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within a period of twenty-four hours and there are grounds for believing that the accusation or information is well founded, the senior officer of excise making the investigation under this Act shall immediately transmit to a Magistrate a copy of the entries in the diary prescribed under section 56D relating to the case and shall at the same time produce such person before the Magistrate.

92 Laws of Malaysia ACT 176

(2)

The Magistrate before whom a person is produced under this section may, whether he has or has no jurisdiction to try the case, from time to time, authorize the detention of such person in such custody as the Magistrate considers fit for a term not exceeding fifteen days in the whole.

(3)

If the Magistrate has no jurisdiction to try the case and considers further detention unnecessary, he may order such person to be produced before a Magistrate having such jurisdiction or, if the case is triable only by the High Court, before himself or another Magistrate having jurisdiction with a view to transmitting the case for trial by the

High Court.

(4)

A Magistrate authorizing detention under this section shall record his reasons for so doing.