Malaysia legislation
Section 16
Section 16
(a)
release the receptacle, package, conveyance, vessel, book or document or other article to the owner thereof or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer or police officer may consider entitled thereto, subject to such terms and conditions as the authorized officer or police officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer or police officer that the receptacle, package, conveyance, vessel, book or document or other article shall be surrendered to the authorized officer or police officer on demand being made by the authorized officer or police officer and that the said terms and conditions, if any, shall be complied with;
(b)
release the padi, rice, receptacle, package, conveyance, vessel, book or document or other article to the owner thereof or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer or police officer may consider entitled thereto, with liberty for the person to whom the same is so released to dispose of the same, subject to such terms and conditions as the authorized officer or police officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction
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Act 522
of the authorized officer or police officer in an amount not less than an amount which in the opinion of the authorized officer or police officer represents—
(i)
the open market value of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article on the date on which it is so released;
(ii)
the customs duty payable in respect thereof, if any; and
(iii)
the tax payable in respect thereof under any written law, if any, for the payment of the amount so secured to the Director General in the event of the Court making an order for the forfeiture of such amount under this Act; or
(c)
sell or destroy, as appropriate in the circumstances, the padi, rice, receptacle, package or other article, which, in the opinion of the authorized officer or police officer, is of a perishable nature or likely to speedily deteriorate in quality or value, and where it is so sold, the authorized officer or police officer shall hold the proceeds of sale to abide the result of any prosecution or claim.
(2)
Any person who—
(a)
fails to surrender on demand to an authorized officer or a police officer not below the rank of Inspector any receptacle, package, conveyance, vessel, book or document or other article released to him under paragraph (1)(a);
or
(b)
fails to comply with or contravenes any of the terms or conditions imposed under paragraph (1)(a) or (b) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Control of Padi and Rice 21
(3)
The criminal liability of a person under subsection (2) shall be in addition to any other liability that the said person or any other person may incur under the terms and conditions relating to the release of any receptacle, package, conveyance, vessel, book or document or other article under paragraph (1)(a) or any padi, rice, receptacle, package, conveyance, vessel, book or document or other article under paragraph (1)(b).