Section 38
Ship or aircraft used for unlawful import or export
If any ship or any aircraft is used for the import or export of any drug contrary to this Act or for the receipt or storage of any drug imported contrary to this Act, the owner and master thereof shall be guilty of an offence against this Act and liable to a fine not exceeding ten thousand ringgit unless it is proved to the satisfaction of the Court that the owner or master was not implicated in the placing or keeping of such drug on board the ship or aircraft and that the offence in question was committed without his knowledge, consent or connivance, and the ship or aircraft may be detained by order of the
Court until security has been given for such sum as the Court orders, not exceeding ten thousand ringgit.
(2)
Except in the case of drugs consigned in accordance with an authorization issued under section 19, 20 or 24 or in transit in accordance with section 21, the finding of any drug on board any ship or aircraft shall be prima facie evidence that the ship or aircraft has been used for the importation or exportation of such drug contrary to this Act or for the receipt or storage of drugs imported contrary to this Act.
(3)
Any person who conceals any dangerous drug in any part of any ship or aircraft or who, being cognizant of any dangerous drug being concealed in any ship or aircraft, does not take the earliest
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reasonable opportunity of reporting the same to the master of such ship or aircraft after such ship has entered the territorial waters of
Malaysia or such aircraft has landed in Malaysia, as the case may be, shall be liable on conviction to a fine not exceeding *twenty thousand ringgit or to imprisonment for a term not exceeding *five years or to both, unless he shall prove that he informed such master before such ship entered such waters or such aircraft so landed, as the case may be.