Malaysia legislation
Section 46
Section 46
Section 93 of the principal Act is amended—
(a)
by substituting for paragraph 1(b) the following paragraph:
“(b) prepare a list of the things seized and of the place in which the thing is found and shall sign the list.”;
(b)
by inserting after subsection (1) the following subsections:
“(1a) The list prepared in accordance with subsection (1) shall be delivered immediately to—
(a)
the occupier of the premises where the thing seized is found; or
(b)
the person in control or in charge of the conveyance or thing carried in the conveyance where the seizure is made under section 92
or 96a.
National Forestry (Amendment)
(1b)
Where the seizure is made in or from any premises which is unoccupied, the seizing officer shall, whenever possible, post a list of things seized conspicuously at or on the premises, or deliver a copy of the list to the owner of the things seized personally or by post at his usual or last-known place of abode or business.
(1c)
Where, by reason of its nature, size or amount, it is not practicable to remove any thing seized under subsection (1), the seizing officer shall, by any means, seal or mark such thing seized in the premises or container in which it is found.”; and
(a)
tampers with, removes, damages or destroys any thing marked under subsection (1); or
(b)
tampers with, damages or breaks the seal or mark under subsection (1c) or removes the sealed or marked thing seized, or attempts to do so, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.
New section 95a
(c)
by substituting for subsection (2) the following subsection:
“(2) Any person who, without lawful authority—