Section 54
Search and seizure with warrant
If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that an offence under this
Act is being or has been committed on any premises, or that any evidence or thing which is necessary to the conduct of an
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investigation into an offence may be found in any premises, the
Magistrate may issue a warrant authorizing any authorized officer named in it, 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.
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—
(a)
any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet or notice, which contains or are reasonably suspected to contain information as to any offence so suspected to have been committed; or
(b)
any other document, facility, apparatus, equipment, device, thing or matter that 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.
(4)
An authorized officer making a search on a person under subsection (3) 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, for which there is reason to believe that they are the instruments or evidence of the crime, and in so far as the search is for the investigation of an offence all such things 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, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under this section, the seizing officer shall, by any means, seal such book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter in the premises or container in which it is found.
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(7)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit.
(8)
If a search under this section indicates that there is any interference-causing equipment, radio apparatus or radio-sensitive equipment, the authorized officer may direct that necessary steps be taken to ensure an interference-free environment.