Section 73
Search and seizure with warrant
of Electricity Supply Enactment 2024
If it appears to a Magistrate, upon written information on oath and after such enquiry as he considers necessary, that there is a reasonable cause to believe that in any premises any equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof have been used or are about to be used for, or there is in any premises, evidence necessary to establish, the commission of an offence under this Enactment, the Magistrate may issue a warrant authorizing an authorized officer or police officer to whom it is directed, at any reasonable time by day or night and with or without assistance —
(a)
to enter any premises and search for, seize and detain any equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof;
(b)
to inspect, make copies of, or take extracts from, any article, book, record, account or other document so seized and detained;
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(c)
to take possession of, and remove from the premises, any equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof so seized and detain it for such period as may be necessary; or
(d)
to search any person who is in, or on, such premises, and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any article, book, record, account or document found on the person.
(2)
An authorized officer or police officer acting under subsection (1) may, if it is necessary to do so —
(a)
break open any outer or inner door of the premises and enter such premises;
(b)
forcibly enter any premises and every part thereof;
(c)
remove by force any obstruction to the entry, search, seizure, detention or removal that he is empowered to effect; or
(d)
detain any person found on any premises searched under subsection (1) until the search is completed.
(3)
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
(4)
If, by reason of its nature, size or amount, it is not practicable to remove any equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof seized under this section, the authorized officer or police officer making the seizure shall, by any means, seal such equipment, instrument, article, book, record, account, document, goods, thing, installation or part thereof.
(5)
Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (4) or removes the equipment, instrument, article, book, record, account, document, goods, thing, installation
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or part thereof 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 or to imprisonment for a term not exceeding six months or to both, and in the case of a continuing offence, to a further fine not exceeding two thousand ringgit for every day or part of a day during which the offence continues after conviction.