Malaysia legislation
Section 46
Section 46
(a)
enter, inspect and search any place in which he has reason to believe that an offence under this Ordinance is about to be or has been committed;
(b)
seize any thing whatsoever which he has reason to believe has been caught, or has been used in the commission of an offence under this Ordinance; or
(c)
arrest any person whom he has reason to believe has committed an offence under this Ordinance.
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(2)
The State Fisheries Officer or any authorized person or any police officer not below the rank of Inspector shall have power—
(a)
to inspect any riverine or inland waters in which fish or the eggs of fish or foodstuff for fish are likely to be found, and to take therefrom samples of any fish or of any such egg or foodstuff or of water, mud, vegetation or other matter;
(b)
to inspect any cage situated in riverine or inland waters and used for the purposes of a business of fish farming, and to take therefrom samples of any fish or of any eggs of fish or of foodstuff for fish or of water or other matter; and
(c)
for the purpose of exercising any powers or performing any duties under this section, to enter, upon production on demand of his authority, on any land or any cage situated in riverine or inland waters, and any person who refuses to admit or intentionally obstructs the
State Fisheries Officer or any authorized person or any police officer in the exercise or performance of any of the said powers and duties under this Ordinance shall be guilty of an offence.
(3)
In effecting any of the powers under paragraph (1) or (2), the State Fisheries Officer or any authorized person or any police officer may use such force as may be reasonably necessary.
(4)
A written acknowledgement shall be given in respect of any thing seized under subsection (1)(b).
(5)
The State Fisheries Officer or any authorized person or any police officer making an arrest under subsection (1)(c) shall without unreasonable delay hand over the person so arrested to a police station; and the provisions of the Criminal Procedure Code [Act 593]
shall apply in relation to the person so arrested.
Investigation of offences