Section 49A
Power to seize, detain and forfeit vessels, vehicles or aircraft
Any vessel, vehicle or aircraft which is used or in respect of which there is reasonable cause to suspect that it has been or that it is about to be used in the commission of any offence against this Act may be seized and detained by the Director General or
Immigration 41
any senior immigration officer, authorized in that behalf by the
Director General in writing under his hand, at any place either on land or in the territorial waters of Malaysia.
(2)
The seizing officer shall forthwith give notice in writing of the seizure and the grounds thereof to the owner, charterer or agent of the vessel, vehicle or aircraft so seized or detained, either by delivering the notice to him in person or by post at his place of office or abode, if known:
Provided that no notice shall be required to be given where the seizure or detention is made in the presence of or with the knowledge of the offender or the owner or his agent, as the case may be.
(3)
Any vessel, vehicle or aircraft liable to seizure or detention under subsection (1) shall be liable to forfeiture.
(4)
An order for the forfeiture or for the release of any vessel, vehicle or aircraft liable to forfeiture under this section shall be made by the court before which the prosecution with regard thereto has been held.
(5)
An order for the forfeiture of any vessel, vehicle or aircraft shall be made if it is proved to the satisfaction of the court that an offence against this Act has been committed and that the vessel, vehicle or aircraft was used in the commission of the offence, notwithstanding that no person may have been convicted of the offence.
(6)
The Director General may sell any vessel, vehicle or aircraft forfeited under this section. The proceeds of the sale shall, after payment of the expenses of the sale, be applied in payment of any fine, costs, or charge incurred under this Act and any balance remaining shall be paid into the Consolidated Fund.