Section 51
Search and seizure with warrant
If it appears to a Magistrate, upon written information on oath from the authorized officer and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that—
(a)
any premises or conveyance has been used for; or
(b)
there is in any premises or conveyance evidence necessary to the conduct of an investigation into, the commission of an offence under this Act, the Magistrate may issue a warrant authorizing the authorized officer named in the warrant at any reasonable time by day or night and with or without assistance, to enter the premises or conveyance and if need be by force.
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of any medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form which is reasonably believed to furnish evidence of the commission of the offence.
(3)
An authorized 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 or conveyance.
36 Laws of Malaysia ACT 737
(4)
An authorized officer making a search of a person under subsection
(3)
or section 52 may seize or take possession of, and place in safe custody all things other than the necessary clothing found upon the person, and any of those things of which there is reason to believe were the instruments or other evidence of the offence may be detained until the discharge or acquittal of the person.
(5)
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
(6)
If, by reason of its nature, size or amount, it is not practicable to remove any medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form seized under this section, the authorized officer shall by any means seal such medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form in the premises or conveyance 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 medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.