Detention of suspected drug dependant for tests
(1) An officer may take into custody any person whom he reasonably suspects to be a drug dependant. (2) A person taken into custody under subsection (1) may be detained for a period not exceeding twenty four hours at any appropriate place for the purpose of undergoing tests.
Production before Magistrate where tests cannot be completed within twenty four hours
(1) If the tests cannot be held or completed or the results of such tests cannot be obtained within twenty four hours from the time a person is taken into custody under subsection 3(1)— (a) the person may be released on bail, with or without surety, by an officer to attend at the time and place mentioned in the bond; or (b) the person may be produced by an officer before a Magistrate, and the Magistrate shall, if the officer reports to the Magistrate that it is necessary to detain him for the purpose of undergoing tests, order him to be so detained for such period not exceeding fourteen days to undergo tests or the Magistrate may release him on bail, with or without surety, to attend at such time and place as may be mentioned in the bond for the purpose of undergoing such tests, or where such person has already undergone tests but the result of such tests has not yet been obtained, the Magistrate may release him on bail, with or without surety, to appear at such place and time as may be mentioned in the bond to receive the result of the tests. (2) Sections 390, 391, 392, 393 and 404 of the Criminal Procedure Code [Act 593] shall apply mutatis mutandis to a bail bond executed under this section in so far as they are not inconsistent with the provisions of this section, and references in the said sections to a police officer shall be construed as references to an officer under this Act.
Obligation of suspected drug dependant to undergo tests procedures
(1) For the purpose of tests under section 3 or 4, the person shall submit himself to all such acts or procedures as he may be required or directed to undergo by an officer, or by a government medical officer, or by a registered medical practitioner, or by any person working under the supervision of such officer, government medical officer or registered medical practitioner, as the case may be. (2) Where any person fails to comply with any requirement or direction under subsection (1), he shall be guilty of an offence and shall, on conviction, be liable to be punished with imprisonment for a period not exceeding three months or with fine, or with both.
Magistrate’s order which may be made on a drug dependant
(1) Where a person who has undergone the tests referred to in section 3 or 4 and, in consequence of such tests, is certified by a government medical officer or a registered medical practitioner to be a drug dependant, the officer shall produce him, or cause him to appear before a Magistrate, and the Magistrate shall upon the recommendation of a Rehabilitation Officer and after giving such person an opportunity to make representations— (a) order such person to undergo treatment and rehabilitation at a Rehabilitation Centre specified in the order for a period of two years and thereafter to undergo supervision by an officer at the place specified in the order for a period of two years; or Drug Dependants (Treatment and Rehabilitation) (b) order such person to undergo supervision by an officer at the place specified in the order for a period of not less than two and not more than three years. (2) An order of supervision imposed on a person under paragraphs (1)(a) and (b) shall contain the following conditions: (a) the person must reside in a State or Federal Territory or any area as specified in the order; (b) the person must not leave the area where he resides without the written permission of the Director General; (c) at the time specified in the order, the person shall report at the nearest police station or for a member of the armed forces at the place specified by an officer; (d) the person shall not consume, use or possess any dangerous drugs; (e) the person shall undergo such tests at such time and place as may be ordered by an officer; and (f) the person shall undergo any programme for the rehabilitation of drug dependants held by the Government. (3) Any person undergoing supervision under paragraph (1)(a) or (b) who fails to comply with any condition imposed under subsection (2) shall be guilty of an offence and shall on conviction be liable to be punished with imprisonment for a period not exceeding three years or to whipping not exceeding three strokes or to both.
(Deleted by Act A1018).
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 September 2012 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).