Section 95
Section 95
―(1) Any person found in possession or having custody of any timber or forest produce upon which royalty or other payments due to the Government in respect of such timber or forest produce has not been paid shall be guilty of an offence and shall, upon conviction, be punished with a fine of not less than twenty-five thousand ringgit and not exceeding one hundred and fifty thousand ringgit or imprisonment not exceeding five years or to both, and for a subsequent offence, shall be punished with a fine of not less than one hundred and fifty thousand ringgit and not exceeding five hundred thousand ringgit or imprisonment not exceeding ten years or to both.
(2)
When a person is convicted of an offence under this section, the court shall, in addition to any penalty which it may impose, order the person convicted of the offence to pay to the
Government a sum of not less than ten times the royalty or other payments due in respect of which such offence has been committed, and any sum ordered to be so paid shall be recoverable by the
Government as a civil debt.
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(3)
In any prosecution under this section, the onus of proving that the royalty or other payments in respect of such forest produce has been made shall be upon the accused.
(4)
Notwithstanding sections 173A and 294 of the Criminal
Procedure Code [Act 593], any offence under this section shall be inquired into and tried according to the provisions herein contained.
Penalty for unlawful possession of forest produce 96.―(1)
Any person found in unlawful possession of any forest produce shall be guilty of an offence and shall, upon conviction, be punished with a fine of not less than twenty-five thousand ringgit and not exceeding one hundred and fifty thousand ringgit or imprisonment not exceeding five years or to both, and for a subsequent offence, shall be punished with a fine of not less than one hundred and fifty thousand ringgit and not exceeding five hundred thousand ringgit or imprisonment not exceeding ten years or to both.
(2)
The person shall be deemed to be in unlawful possession of any forest produce unless proven otherwise if―
(a)
the forest produce does not bear his own registered property mark; or
(b)
the forest produce does not bear any other mark as may be determined by the Director to denote that the person is entitled to the lawful possession thereof.
(3)
When a person is convicted of an offence under this section, the court shall, in addition to any penalty which it may impose, order the person convicted of the offence to pay to the
Government a sum of not less than ten times the value (as assessed by the Director or any forest officer authorized by him) of the forest produce in respect of which the offence has been committed, and any sum ordered to be so paid shall be recoverable by the Government as a civil debt.
(4)
Notwithstanding sections 173A and 294 of the Criminal
Procedure Code [Act 593], any offence under this section shall be inquired into and tried according to the provisions herein contained.
FOREST 65
Double penalty in certain cases