Malaysia legislation
Section 41
Section 41
( 1 ) Where anything has been seized under this Enactment, the Director may temporarily return the thing seized to the owner thereof or to the person from whose possession, custody or control it was seized, subject to such terms and conditions as the
Director may impose and subject, in any case, to sufficient security being furnished to the satisfaction of the Director that the thing seized shall be surrendered to him on demand and that the said terms and conditions, if any, shall be complied with.
(2)
Where any seizure is made under this Enactment, the Director, environmental enforcement officer or police officer making the seizure shall prepare a list of any equipment, machinery, conveyance, tools, produce, documents or other things seized and of the place or premise in which it is found and shall sign the list.
(3)
The list prepared in accordance with subsection (2) shall be delivered immediately to the occupier, or his servants or agents present in the place or premise where the equipment, machinery, conveyance, tools, produce, documents or other things seized are found.
(4)
Where the seizure is made in or from any place or premise which is unoccupied, the Director, environmental enforcement officer or police officer shall whenever possible post a list of the things seized conspicuously at such place or premise.
(5)
Any person who contravenes subsection (1) 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.
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Forfeiture and disposal of things seized