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Section 50

Power to enter premises and inspect and seize goods and documents

of Hire - Purchase Act 1967

ActIn forceProvision 70 of 91
Section 50
(1)

Any officer appointed under this Act may, at all reasonable hours, exercise the following powers, that is to say—

(a)

if he has reasonable cause to suspect that an offence under this Act has been committed, he may for the purpose of ascertaining whether it has been committed, enter any premises other than premises used only as a dwelling and require any person carrying on a trade or business or employed in connection with a trade or business to supply him any information or to produce any goods, document or computerized data relating to the trade or business and he may take copies of, or copies of any entry in, any such document or computerized data;

(b)

he may seize and detain any goods, document or computerized data which he has reason to believe may be required as evidence in proceedings for an offence under this Act.

(2)

Any officer appointed under this Act seizing any goods, document or computerized data in the exercise of his powers under this section shall, as soon as possible, supply a list of the goods, documents or computerized data seized to the person from whom they are seized.

(3)

If a Magistrate, on sworn information in writing—

(a)

is satisfied that there is reasonable ground to believe either—

(i)

that any goods, document or computerized data which any officer appointed under this Act has power under this section to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under this Act; or

64 Laws of Malaysia ACT 212

(ii)

that any offence under this Act has been, is being or is about to be committed on any premises; and

(b)

is also satisfied either—

(i)

that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or

(ii)

that an application for admission or the giving of such a notice would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return, the Magistrate may by warrant under his hand, which shall continue in force for a period of one month, authorize any officer appointed under this Act to enter the premises, if need be by force.

(4)

Any officer appointed under this Act entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of the powers under subsection (1) or a warrant under the preceding subsection he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.