Malaysia legislation
Section 46
Section 46
(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 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 investigating officer may if it is necessary so to do—
(a)
break open any outer or inner door of such premises and enter thereinto;
(b)
forcibly enter such premises and every part thereof;
(c)
remove by force any obstruction to such entry, search, inspection, seizure, detention or removal as he is empowered to effect; or
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(d)
detain all or any person found on any premise, or in any conveyance, searched under subsection (1) until such premises or conveyance have been searched.
(3)
A list of all things seized in the course of a search made under this section and of the premises in which they are respectively found shall be prepared by the investigating officer conducting the search and signed by him.
(4)
The occupant of the premises entered under subsection (1) or any 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 this section shall be delivered to such occupant or person at his request.
(5)
An investigating officer shall, unless otherwise ordered by any court—
(a)
at the close of investigations or any proceedings arising therefrom, or
(b)
with the prior written consent of the Chief Executive Officer or any investigating officer superior to him in rank, at any time before the close of investigations, release any property, book or other document seized, detained or removed by him or any other investigating officer, 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, the Co-operative
Societies Act 1993 or any other written law enforced by the
Commission, or for the purpose of any prosecution under any other written law.
(6)
A record in writing shall be made by the investigating officer effecting any release of any property, book or other document under subsection (5) in respect of such release specifying therein in detail the circumstances of, and the reason for, such release.
Malaysia Co-operative Societies Commission 43
(7)
Where the investigating officer 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 investigating officer 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), sections 414, 415 and 416 of the Criminal Procedure Code [Act 593]:
Provided that where the property is land, the Magistrate shall deal with the issue of possession of the property.
Search of person