Malaysia legislation
Section 10A
Section 10A
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(a)
enter any premises and there search for, seize and detain any property, book or other document;
(b)
inspect, make copies of, or take extracts from, any book or other document so seized and detained;
(c)
take possession of, and remove from the premises, any property, book or other document so seized and detained;
(d)
search any person who is in, or on, such premises, and for the purpose of such search detain such person and remove him to such place as may be necessary to facilitate such search, and
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seize and detain any property, book or other document found on such person;
(e)
break open, examine, and search, any article, container or receptacle; or
(f)
stop, detain or search any conveyance.
(2)
An Inspector authorized under subsection (1) may, if it is necessary so to do—
(a)
break open any outer or inner door of such premises and enter such premises and every part of such premises;
(b)
remove by force any obstruction to such entry, search, seizure, detention or removal; or
(c)
detain all or any persons found on any premises, or in any conveyance, searched under subsection (1) until such premises or conveyance have been searched.
(3)
If an Inspector has reasonable cause to suspect by reason of delay in obtaining a search warrant under subsection (1) that—
(a)
the investigation would be adversely affected; or
(b)
evidence of the commission of an offence is likely to be tampered with, removed, damage or destroyed, he may enter the premises and exercise in, and in respect of the premises, all the powers referred to in subsections (1) and (2) in as full and ample a manner as if he were authorized to do so by a warrant under subsection (1).
(4)
A list of all things seized in the course of a search made under this section and of the places in which they are respectively found shall be prepared by the Inspector conducting the search and signed by him.
(5)
The occupant of the premises entered under subsection (1), or some person on his behalf, shall in every instance be permitted to attend during the search, and a copy of the list prepared and signed under subsection (4)
shall immediately be delivered to such occupant or person.
(6)
An Inspector shall, unless otherwise ordered by any court—
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(a)
on the close of investigations or any proceedings arising therefrom; or
(b)
with the prior written consent of the Controller for the
Inspector to act on his behalf for this purpose at any time before the close of investigations, release any property, book or other document seized, detained or removed by him or any other Inspector, to such person as he determines to be lawfully entitled to the property, book or other document if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.
(7)
A record in writing shall be made by the Inspector effecting any release of any property, book or other document under subsection (6) in respect of such release specifying therein in detail the circumstances of, and the reason for, such release.
(8)
Where the Inspector is unable to determine the person who is lawfully entitled to the property, book or other document or where there is more than one claimant to such property, book or other document, the Inspector shall report the matter to a Magistrate who shall then deal with the property, book or other document as provided for in subsections 413(2), (3) and (4) and sections 414, 415 and 416
of the Criminal Procedure Code [Act 593].
Search of person