Section 18
Search and seizure with warrant
of Forest Timber Enactment 2015
(1)
If it appears to the court, upon written information on oath from the enforcement officer and after such enquiry as the court considers necessary, that there is a reasonable cause to believe that -
(a)
any premises or conveyance has been used or is about to be used for; or
(b)
there is in any premises or conveyance evidence necessary to the conduct of an investigation into, the commission of an offence under this Enactment, the court may issue a warrant authorizing the enforcement officer named in the warrant at any reasonable time by day or by night and with or without assistance, to enter the premises or conveyance and if need be by force.
(2)
Without affecting the generality of subsection (1), the warrant issued by court may authorize the enforcement officer to -
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(a)
search the premises or conveyance for, and to seize or remove from the premises any timber, machinery, contrivance, equipment, book, record, document, computerized data or other thing that is reasonably believed to furnish evidence of the commission of such offence;
(b)
take samples of any timber, or thing found in the premises or conveyance for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and
(c)
make copies of or take extracts from any book, record, document, computerized data or other thing found in the premises or conveyance,
(3)
An enforcement officer entering any premises or conveyance under this section may take with him such other persons and equipments as may appear to him to be necessary.
(4)
An enforcement officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises or conveyance.
(5)
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
(6)
An enforcement officer may, in the exercise of his powers under this section, if it is necessary so to do -
(a)
break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;
(b)
remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under this section; and
(c)
detain any person found in the premises or conveyance until the search has been completed.
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(7)
If, by the reason of its nature, size or amount, it is not practicable to remove any timber, machinery, contrivance, equipment, book, record, document, computerized data or other thing seized under this section, the enforcement officer shall, by any means, seal such timber, machinery, contrivance, equipment, book, record, document, computerized data or other thing in the premises or conveyance in which it is found.
(8)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes any timber, machinery, contrivance, equipment, book, record, document, computerized data or other thing under seal or attempts to do so commits of 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 two years or to both.