Section 218
Search and seizure with warrant
of Land Public Transport Act 2010
If it appears to a Magistrate, upon written information on oath from the land public transport officer or road transport officer and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that an offence under this Act is being or has been committed on any premises, so that any evidence or thing which is necessary to the conduct of an investigation into an offence may be found in any premises, the Magistrate may issue a warrant authorising the land public transport officer or road transport officer named in the warrant to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force and there to search for and seize any such evidence or thing, provided that nothing shall authorize any court other than a High Court to grant a warrant to search for a postal article, telegram or other documents in the custody of the postal or telegraph authorities.
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—
(a)
copies of any books, account or other documents, including computerized data, which contain or are reasonably suspected to contain information as to any offence so suspected to have been committed;
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(b)
any signboard, card, letter, pamphlet, leaflet or notice representing or implying that the person has a licence or operator’s licence issued under this Act; or
(c)
any document, equipment, motor vehicle, instrument or matter that is reasonably believed to furnish evidence of the commission of the offence.
(3)
A land public transport officer or road transport officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.
(4)
A land public transport officer or road transport officer making a search of a person under subsection (3) or section 219 may seize or take possession of, and place in safe custody all things, other than the necessary clothing found upon the person, and any other things which there is reason to believe were the instruments or other evidence of the offence, and they may be detained until the discharge or acquittal of the person.
(5)
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(6)
If, by reason of its nature, size or amount, it is not practicable to remove any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized under this section, the land public transport officer or road transport officer shall by any means seal such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter in the premises or container in which it is found.
(7)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
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