Malaysian Cocoa Board (Incorporation) Act 1988 · Updated to 1 Jan 2013 · Part V
23C. Search by warrant
Official textFrom Laws of Malaysia Online, unchanged
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
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cocoa
“cocoa” means the plant of the genus Theobroma or any related genus or species or any hybrids or clones of the genus or species, plants resulting from the crossing of these species, hybrids or clones with any other species, hybrids or clones of plants, and genetically engineered versions of these species, hybrids or clones, and includes cocoa beans and cocoa products;
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—
authorized officer
“authorized officer” means— (a) an officer of the Board authorized under section 23A; (b) a police officer not below the rank of Inspector; or (c) an officer of customs;
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;
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
make copies of or take extracts from any book, record, document or other article found in the premises.
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.
An authorized officer may, in the exercise of his powers under this section, if it is necessary to do so—
break open any outer or inner door of the premises and enter into the premises;
forcibly enter the premises and every part of the premises;
remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and
detain every person found in the premises until the place has been searched.
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,
conveyance
“conveyance” means any mode of transport, whether by air, sea or land;
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document or other article in the premises or container in which it is found.
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.
Terms defined in s 2
authorized officer
Defined · s 2“authorized officer” means— (a) an officer of the Board authorized under section 23A; (b) a police officer not below the rank of Inspector; or (c) an officer of customs;
cocoa
Defined · s 2“cocoa” means the plant of the genus Theobroma or any related genus or species or any hybrids or clones of the genus or species, plants resulting from the crossing of these species, hybrids or clones with any other species, hybrids or clones of plants, and genetically engineered versions of these species, hybrids or clones, and includes cocoa beans and cocoa products;
conveyance
Defined · s 2“conveyance” means any mode of transport, whether by air, sea or land;
Part VI