Notice of seizure, detention or removal
If the seizure, detention, or removal of any substance under this Act is made in the absence of a person having or apparently having lawful possession, custody, or control of the substance, the authorized officer making or effecting the seizure, detention, or removal shall forthwith give notice thereof in writing to the owner or to the agent of the owner, or to the consignor or consignee, of the substance, if his name and address are attached thereto or, after reasonable inquiries or otherwise, are known to the authorized officer, and the address is in Malaysia.
Complaints as to seizure, detention or removal
(1) A person claiming any substance seized, detained, or removed under this Act may, at any time, but not later than forty-eight hours, after its seizure, detention, or removal or, if notice under section 41 has been given to any person, after receipt of the notice by the person, complain thereof to a Magistrate who shall hear and determine the complaint and who may confirm or disallow the seizure, detention, or removal wholly or in part or order the substance to be restored to the person who appears to the Magistrate to be entitled to possession thereof.
(2) The Magistrate shall not disallow the seizure, detention, or removal, whether wholly or in part, unless he is satisfied.
(a) that it was unlawful; or
(b) if it was lawful, that no contravention of this Act or the rules or regulations had occurred.
(3) The substance seized, detained, or removed shall-
(a) if no complaint is made under and in accordance with this section; or
(b) if the seizure, detention, or removal is confirmed, to the extent of the confirmation, become the property of the Government and shall be disposed of, by destruction or otherwise, as directed by the Minister, unless it is intended to prosecute any person in respect of the substance, in which case it shall be held to abide the result of the prosecution and the order of the court under section 49.
(4) Notwithstanding subsection (3)
(a) the authorized officer who has seized, detained, or removed any substance may destroy it or cause it to be destroyed if and when he finds that it has begun to deteriorate but shall, forthwith after the destruction, prepare a written statement signed by him and setting out a description and the quantity of the substance destroyed, and the date, time, method, and reason of the destruction;
(b) the Minister may at any time order the restoration of the substance to any person if he thinks it just and proper to do so.
Summons
(1) The summons in a prosecution for an offence against this Act or the rules or regulations shall not be returnable in less than twenty-one days from the date of service thereof.
(2) There shall be served with the summons a copy of the certificate of analysis of an Analyst, if any, intended to be introduced in evidence by the prosecution.
(Deleted by Act A1226). Presumption as to importer or manufacturer
For the purpose of a prosecution for an offence against this Act or the rules or regulations in respect of a pesticide found in an unopened package, the person who appears from the label of the pesticide to have imported or manufactured it shall, unless he proves the contrary, be deemed to have imported or manufactured it. Label as evidence of substance being a pesticide
For the purpose of a prosecution for an offence against this Act or the rules or regulations in respect of a substance found in a package, the label on the package describing the substance to be a pesticide shall be prima facie evidence that the substance is a pesticide, unless the contrary is proved. Presumption for sale or storage for sale
For the purpose of a prosecution for an offence against this Act or the rules or regulations in respect of a pesticide not registered under this Act that is found in any premises which have been licensed for the sale or storage for sale of pesticides, such pesticide shall, unless the contrary is proved, be deemed to be intended for sale or is being stored for sale. Liability of agent, servant, principal and employer
(1) If a person does an act that constitutes an offence against this Act or the rules or regulations, he shall be liable for the act whether he does it on his own account or as an agent or servant of another person.
(2) If the act is done by an agent or servant, his principal or employer shall be liable for the act as if he had done it himself, unless he proves that it was done neither with his consent nor with his connivance and that it was not attributable to any neglect on his part. Liability of directors and other officers of bodies corporate
(1) If an offence against this Act or the rules or regulations that has been committed by a body corporate is proved to have been committed with the consent or connivance, or to have been attributable to any neglect on the part, of a director, manager, secretary, or other similar officer of the body coporate, or a person purporting to act in any such capacity, the director, manager, secretary, officer, or person, as the case may be, shall be deemed to have also committed that offence, and both he and the body corporate are liable to be proceeded against and punished therefor.
(2) For the purpose of subsection (1), the director of a body corporate that is established by or under any law and whose affairs are managed by its members, includes a member of the body corporate. Offence as to sample deemed offence as to the whole lot
If, in a prosecution for an offence against this Act or the rules or regulations, the offence is proved with regard to a sample of any substance, the offence shall be deemed to have been proved with regard to the whole lot from which the sample was taken or obtained or to all of the substance bought, taken, or obtained at the same time as the sample. Forfeiture of offending substances
(1) The court before which a person is prosecuted for an offence against this Act or the rules or regulations relating to any substance shall-
(a) upon conviction of the person for the offence; or
(b) if it is satisfied that the offence has been committed, notwithstanding that no person has been convicted thereof, order that the substance and any similar substance found in the premises of the accused or in his possession at the time of the commission of the offence, together with all packages and vessels
thereof, be forfeited and be disposed of at the direction of the Minister and in the case of disposal upon the conviction of a person for an offence against this Act or the rules or regulations, the cost of such disposal shall be borne by the person convicted of the offence.
(2) In any other case, the court shall order the restoration of the substance to the person who appears to the court to be entitled to possession thereof. Jurisdiction
Notwithstanding anything to the contrary contained in any other written law, a Court of a First Class Magistrate shall have jurisdiction to try any offence against this Act or the rules or regulations and to impose the full penalty provided therefor. Privilege from disclosure
No prosecutor or witness in a prosecution for an offence against this Act or the rules or regulations shall be compelled to disclose the fact that he received any information or the nature of the information or the name of the person who gave the information or to produce any confidential report or document made or received by him in his official capacity or to make any statement in relation thereto. Notification of conviction
A notification of the name and occupation of a person who has been convicted of an offence against this Act or the rules or regulations and of the address or addresses of his place or places of business, the nature of the offence, the penalty imposed and any order made shall, if the court so orders, be published in any newspaper circulating in Malaysia or in any part thereof.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
