Malaysia legislation
Section 90
Section 90
Section 116 of the principal Act is amended—
(a)
in subsection (3), by substituting for the words
“charged with an offence under this Act or any regulation made thereunder” the words “arrested under subsection (1)”;
(b)
in subsection (5), by substituting for the words “ Every person so arrested may be released from custody—”
the words “Subject to such conditions as the Director
General deems fit, every person so arrested may be released from custody—”; and
(c)
by inserting after subsection (6) the following subsections:
“ (7) Where a person who is arrested for an offence under this Act is serving a sentence of imprisonment or is under detention under any law relating to preventive detention, or is otherwise in lawful custody, he shall, upon an order in writing by a senior officer of customs of or above the rank of Senior Assistant
Director, be produced before such officer or before any other senior officer of customs for the purpose of investigation, and for such purpose he may be kept in lawful custody for a period not exceeding fourteen days.
(8)
A person who is detained in lawful custody under subsection (7) or otherwise under any other written law may—
(a)
at any time be made available to a senior officer of customs for the purpose of investigation; or
(b)
be taken to any other place for the purpose of searching the place, or seizing any goods, or identifying any person for any other purposes relating to the investigation under this Act.”.
Customs (Amendment)
79
Amendment of section 116a