Section 51
Magistrate may issue search warrant
of Geographical Indications Act 2022
Whenever 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 any person has committed or is committing an offence under this Act, so 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.
(2)
An Assistant Controller entering any premises under this section may take with him such other persons and such equipment as may appear to the Assistant Controller necessary and on leaving any premises which he has entered by virtue of a warrant under the preceding subsection the Assistant Controller 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 goods, document, material, article 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)
Subject to subsection (5), 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)
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
Geographical Indications 53
(6)
The Assistant Controller making a search of a person under subsection (4) may seize, or take possession of, and place in safe 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 that the things are the instruments or evidence of the offence, and such things may be detained until the order by the court for its disposal is obtained.
(7)
If, by reason of its nature, size or amount, it is not practical to remove any goods, document, material, article 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 goods, document, material, article or thing is found.
(8)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes any goods, document, material, article or thing under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.