Price Control and Anti-Profiteering Act 2011 · Updated to 1 Nov 2018 · Chapter 3
29. Power to enter into premises with search warrant
Official textFrom Laws of Malaysia Online, unchanged
If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there are reasonable grounds to believe that a person has committed or is committing an offence under this Act, that any evidence or thing which is necessary to the conduct of an investigation into any offence may be found in any premises, the Magistrate may issue a warrant authorizing any Assistant Controller named in the warrant to enter the premises at any time, with or without assistance, and if need be by force to search for and seize any such evidence or thing.
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of any book, record, accounts, document, computerized data, goods or thing which contains or is reasonably suspected to contain information as to any offence suspected to have been committed or is otherwise necessary to conduct an investigation into any offence.
goods
“goods” means property of every kind, whether tangible or intangible, whether moveable or immoveable, but excludes money and choses-in-action;
The Assistant Controller conducting a search under subsection (1)
Assistant Controller
“Assistant Controller” means an Assistant Price Controller appointed under section 3; Price Control and Anti-Profiteering 9
may, for the purpose of investigating into the offence, search any person who is in or on the premises.
premises
“premises” means any place, stationary or otherwise, established or set up by any person, whether such place is with or without enclosure, and includes vehicles, aircrafts, ships and any other vessel;
The Assistant Controller making a search of a person under subsection (3) may seize, or take possession of, and place in safe custody all things other than the necessary clothing found
Price Control and Anti-Profiteering 23
price
“price” means any amount of money or any form of consideration given in exchange for any goods;
upon the person, and any other things, for which there is reason to believe are the instruments or evidence of the offence, and such things may be detained until the order by the court for its disposal.
If, by the reason of its nature, size or amount, it is not practicable to remove any book, record, accounts, document, computerized data, goods or thing seized under this section, the Assistant Controller who effected the seizure shall by any means seal the premises or container in which such book, record, accounts, document, computerized data, goods or thing is found.
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (5) or removes any book, record, accounts, document, computerized data, goods or thing under seal or attempts to do so commits an offence.
Terms defined in s 2
Assistant Controller
Defined · s 2“Assistant Controller” means an Assistant Price Controller appointed under section 3; Price Control and Anti-Profiteering 9
goods
Defined · s 2“goods” means property of every kind, whether tangible or intangible, whether moveable or immoveable, but excludes money and choses-in-action;
premises
Defined · s 2“premises” means any place, stationary or otherwise, established or set up by any person, whether such place is with or without enclosure, and includes vehicles, aircrafts, ships and any other vessel;
price
Defined · s 2“price” means any amount of money or any form of consideration given in exchange for any goods;
Part VII
Price Advisory Council
Part VIII