Malaysian Cocoa Board (Incorporation) Act 1988 · s 23C

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

23C.
Search by warrant
(1) If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary, that there is reasonable cause to believe that an offence under this Act or any regulations made under this Act is being or has been

Malaysian Cocoa Board (Incorporation)                    29
committed on any premises, the Magistrate may issue a warrant authorizing any authorized 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—
(a) search for and seize any cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the commission of such offence;
(b) take samples of any cocoa or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and
(c) make copies of or take extracts from any book, record, document or other article found in the premises.
(2)
An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.
(3)
An authorized officer may, in the exercise of his powers under this section, if it is necessary to do so—
(a) break open any outer or inner door of the premises and enter into the premises;
(b) forcibly enter the premises and every part of the premises;
(c) remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and
(d) detain every person found in the premises until the place has been searched.
(4)
If, by reason of its nature, size or amount, it is not practicable to remove any cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this section, the seizing officer shall, by any means, seal such cocoa, conveyance, machinery, contrivance, equipment, book, record,

30                                     Laws of Malaysia                          ACT 343
document or other article in the premises or container in which it is found.
(5)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (4) or removes the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article 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 two years or to both.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 23CSearch by warrant

(1)

If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary, that there is reasonable cause to believe that an offence under this Act or any regulations made under this Act is being or has been

Malaysian Cocoa Board (Incorporation) 29

committed on any premises, the Magistrate may issue a warrant authorizing any authorized 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—

(a)

search for and seize any cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the commission of such offence;

(b)

take samples of any cocoa or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and

(c)

make copies of or take extracts from any book, record, document or other article found in the premises.

(2)

An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.

(3)

An authorized officer may, in the exercise of his powers under this section, if it is necessary to do so—

(a)

break open any outer or inner door of the premises and enter into the premises;

(b)

forcibly enter the premises and every part of the premises;

(c)

remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and

(d)

detain every person found in the premises until the place has been searched.

(4)

If, by reason of its nature, size or amount, it is not practicable to remove any cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this section, the seizing officer shall, by any means, seal such cocoa, conveyance, machinery, contrivance, equipment, book, record,

30 Laws of Malaysia ACT 343

document or other article in the premises or container in which it is found.

(5)

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (4) or removes the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article 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 two years or to both.