Postal Services Act 2012 · Updated to 1 May 2020 · Part XIV · Information Gathering Powers and Enforcement Provisions
79. Search and seizure with warrant
Feedback & supportIf it appears to a Magistrate, upon written information on oath from an authorized officer and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that an offence under this Act is being committed on any premises, or that any evidence or thing which is necessary to the conduct of an investigation into an offence may be found on the premises, the Magistrate may issue a warrant authorizing any police officer not below the rank of inspector, or any authorized officer named on it, to enter the premises at any reasonable time by day or night, with or without assistance and if need be by force, and there to search for and seize any such evidence or thing.
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—
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any book, record, account, or other document, including computerized data which contains or is reasonably suspected to contain information as to any offence so suspected to have been committed or is otherwise necessary to conduct an investigation into an offence;
any signboard, card, letter, pamphlet, leaflet or notice representing or implying that the person has a licence issued under this Act; or
any document, equipment, instrument or article that is reasonably believed to furnish evidence of the commission of the offence.
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.
An authorized officer may detain any person found on any premises searched under subsection (3) until the search is completed.
An authorized officer making a search of 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 which there is reason to believe were the instruments or other evidence of the offence, and they may be detained until the discharge or acquittal of the person.
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
If, by reason of its nature, size or amount, it is not practicable to remove any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized under this section, the authorized officer shall by any means seal such book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter in the premises or container in which it is found.
letter
“letter” means any form of written communication or document of communication in an envelope or a small packet that is directed to a specific person or a specific address which is conveyed other than by electronic means, and excludes categories which are specified under section 12;
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A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter 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 six months or to both.