Section 149
Entry into premises with search warrant
of Water Services Industry Act 2006
(1)
If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that an offence under this Act or its subsidiary legislation is being or has been committed on any premises, so that any evidence or thing which is necessary to the conduct of an investigation into an offence may be found in any premises, 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 by night, with or without assistance and if need be by force and there to search for and seize any such evidence of thing, provided that nothing shall authorize any court other than a High Court to grant a warrant to search for a postal article, telegram or other document in the custody of the postal or telegraph authorities.
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—
(a)
copies of any books, account or other documents, including computerized data, which contain or are reasonably suspected to contain information as to any offence so suspected to have been committed;
(b)
any signboard, card, letter, pamphlet, leaflet or notice representing or implying that the person has a licence granted under this Act; or
(c)
any other document, equipment, instrument or matter that is reasonably believed to furnish evidence of the commission of the offence.
(3)
An authorized 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.
(4)
An authorized officer making a search of a person under subsection (3) or section 150 may seize, or take possession of, and place in safe custody all things other than the necessary clothing, found upon the person, and any other things, for which there is reason to believe that they are the instruments or other evidence of the crime, and they may be detained until the discharge or acquittal of the person.
Water Services Industry 107
(5)
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(6)
If, by the reason of its nature, size or amount, it is not practicable to remove any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized under this section, the seizing officer shall by any means seal such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter in the premises or container in which it is found.
(7)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Power of entry and search and seizure without warrant 150.
If an authorized officer is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 149
in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.