Skip to content
In forceUpdated to 1 Dec 2011Read it in Bahasa Malaysia
Contents

Part IV · Arrest, Investigation and Seizure

16. Power of entry, search and seizure

(1)

Whenever it appears to any senior police officer that there is reasonable cause to suspect that in or on any premises there is concealed or deposited any property liable to forfeiture under this Act, or as to which an offence under this Act is reasonably suspected to have been committed, or any book or document directly or indirectly relating to or connected with any dealing, or intended dealing, whether within or outside Malaysia, in respect of any property liable to seizure or forfeiture under this Act or which would, if carried out, be an offence under this Act, he may at any time by day or by night—

(a)

enter such premises and there search for, and seize and detain, any such property, book or document;

Dangerous Drugs (Forfeiture of Property) 35

(b)

search any person who is in or on such premises, and for the purpose of such search, detain such person and remove him to such place as may be necessary to facilitate such search;

(c)

arrest any person who is in or on such premises in whose possession any property liable to seizure or forfeiture under this Act is found, or whom the officer reasonably believes to have concealed or deposited such property;

(d)

seize and detain any book or document found in or on such premises or on such person;

(e)

break open, examine, and search, any article, container or receptacle; or

(f)

stop, search and detain any conveyance.

(2)

Such officer may if it is necessary so to do—

(a)

break open any outer or inner door or window of such premises and enter thereinto;

(b)

forcibly enter such premises and every part thereof;

(c)

remove by force any obstruction to such entry, search, seizure and removal as he is empowered to effect; or

(d)

detain every person found in or on such premises, until such premises have been searched.

(3)

Subsections (1) and (2) shall not apply in relation to banker’s books in a bank.

36

Laws of Malaysia ACT 340

Report

Part V

Forfeiture

Part VI

Evidence and Procedure

Part VII

Assistance to a Foreign Country

Part VIII

General

Schedules