Malaysia legislation
Section 41
Section 41
(2)
An Assistant Controller entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under the preceding subsection he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
(3)
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.
(4)
The Assistant Controller 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.
(5)
The Assistant Controller making a search of a person under subsection (4) may seize, or take possession of, and place in safe
38 Laws of Malaysia custody all things other than the necessary clothing found upon the person, and any other things, in respect of 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.
(6)
If, by 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.
(7)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, record, accounts, document, computerized data, goods or thing under seal or attempts to do so commits an offence.
Power of entry and search and seizure without a warrant