Malaysia legislation
Section 53
Section 53
(a)
any premises has been used for or is about to be used for; or
Act 775
(b)
there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act or any regulations made under this Act, the Magistrate may issue a warrant authorizing any authorized officer named in the warrant at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.
(2)
Without affecting the generality of subsection (1), the warrant issued by Magistrate may authorize the authorized officer to—
(a)
take samples of any traditional and complementary medicine goods;
(b)
request and take blood samples as a result of a report being made under section 31;
(c)
photograph or digitally record any situation, condition or state of the premises, building or facility or any part thereof;
(d)
request the production of any document, record, manual, book, material or other article maintained by the registered practitioner and may make copy of or extract from thereof; or
(e)
seize any document, record, manual, book, material or other article requested.
(3)
An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.
(4)
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.
(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.
Traditional and Complementary Medicine 43
(6)
An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do—
(a)
break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;
(b)
remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect under this section; and
(c)
detain any person found in the premises until the search has been completed.
(7)
If, by the reason of its nature, size or amount, it is not practicable to remove any receptacle, package, conveyance, book, document or other thing seized under this section, the authorized officer shall seal the conveyance, container or premises in which such receptacle, package, book, document or other thing is found.
(8)
Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes any receptacle, package, conveyance, book, document or other thing seized 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 two years or to both.
Power to enter premises