Section 36 — Forest Enactment 1968

(a)

may require the production by any person of any licence or other authority for any act done or committed by such person or his servants or agents for which such licence or authority is required by or under this Enactment or the rules;

(b)

may require any person in possession of any forest produce to give an account of the manner in which such person came into such possession, and if such person fails to account for such possession to the satisfaction of the officer, the latter may seize and detain such produce;

(c)

if he has reasonable cause for believing that any person has committed a forest offence, may arrest such person without warrant;

(d)

may seize and detain –

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(i)

any forest produce in respect of which there is reason to believe that a forest offence has been committed;

(ii)

any tool, instrument, boat, conveyance, machinery, equipment or other thing whatsoever used or reasonably suspected or having been used in or about the commission of a forest offence;

(iii)

any livestock found in a Forest Reserve which is not present in such Reserve by virtue and in accordance with the terms and conditions of a forest right or conceded privilege;

(iv)

any record, book, map, plan, account or any other document whatsoever used or reasonably suspected of having been used in or about the commission of a forest offence;

(e)

may, without warrant, -

(i)

if he has reason to believe that any person has committed a forest offence, enter and search any building, other than a dwelling house, or any conveyance or enclosure which is under the control of such person or his servants or agents;

(ii)

enter any timber yard, log pond or sawmill by day, or at any time when such yard, pond or sawmill is working or open, to inspect any forest produce which may be found therein.

(2)

Any person arrested under subsection (1) shall, without unnecessary delay, be taken or sent to the officer in charge of the nearest police station or be produced before a Magistrate to be dealt with as provided by the Criminal Procedure Code [F.M.S. Cap. 6.].

(2A)

Any forest officer not below the rank of Forest Ranger, any police officer not below the rank of Sergeant and any officer in charge of police station may, in relation to any investigation in respect of any forest offence, without the order of the Public Prosecutor, exercise the special powers in relation to police investigations given by the Criminal Procedure Code [F.M.S. Cap. 6.] in any seizable case.

(3)

Any person who is the holder of any licence or other authority which he is required to produce under paragraph (a) of subsection (1) of this section and who fails or refuses to produce such licence or authority shall be guilty of an offence and liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment:

Provided that such failure or refusal shall not constitute an offence if the licence or authority concerned is produced within five days of the requirement being made, or within such longer period, if any, as the officer making the requirement may specify, at such place as such officer shall have specified.

(4)

Where any property is seized and detained under subsection (1) of this section, the officer concerned, if he is not himself an authorised officer, shall forthwith report such seizure and detention to an authorised officer.

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(5)

In this section –

“forest produce” means

(i)

in the case of anything found in or in the vicinity of a Forest Reserve, any of the things enumerated in the definition of “forest produce” in section 2 of this Enactment; and

(ii)

in any other case, any of the things enumerated in paragraphs (a) and (b) of the said definition.

Disposal of property seized.