Malaysia legislation

Section 68

of *ANIMALS ACT 1953

Section 68

(2)

Where under this section any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document has been seized in respect of such offence then the veterinary authority, the police officer or the officer of customs may apply to a Magistrate for an order to detain the animal, bird, carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, conveyance or document until the conclusion of such criminal proceedings.

(3)

If upon the application, the Magistrate is satisfied that, and where applicable, any of the said animal or bird, or carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance—

(a)

is subject to speedy and natural decay;

(b)

is liable to die, deteriorate in quality or spoil within a short time;

(c)

is liable to depreciate in value within a short time; or

(d)

the custody of which is unreasonable in view of the expense or inconvenience that would thereby involved,

50 Laws of Malaysia ACT 647

he may order the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance to be destroyed or otherwise disposed of in such manner as the

Magistrate thinks fit, and the proceeds of sale, if any, shall be kept until the conclusion of such criminal proceedings.

(4)

If upon the application, the Magistrate is satisfied that any of the said animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance is found to be imported or exported without any import or export licence, permit or certificate under the Act or from an unknown source or any source not approved under the Act, he shall order the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance to be disposed of or destroyed immediately by the veterinary authority.

(5)

Notwithstanding any other provisions of this Act where a

Magistrate is not immediately available under subsection (2), the veterinary authority may destroy, sell or otherwise dispose of any of the said animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance as he thinks fit.

(6)

The owner of the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance that has been seized under subsection (1) shall pay such sum as the Magistrate may consider reasonable to cover the expenses connected with the removal to a place of detention and unless such sum is paid within a specified time the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance shall be forfeited.

Power to seal building, premises, etc.