Section 73
Power to seize forest produce and other property
―(1) Where there is reasonable cause to believe that a forest offence has been committed, any forest produce concerned, together with all machineries, tools, conveyances, documents and other things or property used in the commission of such offence, may be seized by any forest officer or police officer.
(2)
Every officer seizing any property under this section or section 101, shall place on such property, or on the receptacle, if any, in which it is contained, a mark or seal indicating that it has been so seized and shall, without undue delay, make a report of such seizure to a Magistrate:
52 CAP.
Provided that in any case where such property has been seized in connection with an offence dealt with under section 86 or committed by some person unknown or who cannot be found, it shall not be necessary to report to a Magistrate the seizure thereof.
(3)
Any person (other than a forest officer, police officer, officer of customs or other public servants in the course of discharging their duties under any written law) who tampers with, removes, damages or destroys anything marked under subsection (1) shall be guilty of an offence and shall, upon conviction, be punished with a fine of not less than five thousand ringgit and not exceeding fifty thousand ringgit or imprisonment not exceeding five years or to both.
Search and seizure with warrant 74.―(1) If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary, that there is reasonable cause to believe that in any building or place or on any land there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, the
Magistrate may issue a warrant authorizing any forest officer or any police officer named therein, by day or night and with or without assistance, to enter the building, place or land and there search for and seize, and therefrom remove, any forest produce in respect of which the forest offence has or is suspected to have been committed and any machinery, tool, conveyance, document or other things or property that is reasonably believed to have been used in the commission of the offence.
(2)
Any forest officer or police officer acting under subsection
(1)
may―
(a)
break open any outer or inner door of the building or place or any fence, enclosure, gate or other obstruction to the land, in order to effect entry thereinto;
(b)
remove by force any obstruction to such entry, search, seizure, and removal as he is empowered to effect under subsection (1); and
(c)
detain every person found in the building or place or on the land until it has been searched.
FOREST 53
Search and seizure without warrant