Authorization of officers
s 34
The Director General may in writing authorize any officer of the Board to exercise the powers of enforcement under this Act.
Malaysian Pepper Board Act 2006 Part VI — POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC
Power of investigation
s 35
An authorized officer may investigate the commission of any offence under this Act.
Authority card
s 36
(1) There shall be issued to each officer authorized under section 34 an authority card to be signed by the Director General. (2) Whenever such officer exercises any of the powers under this Act, he shall, on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).
Power of arrest
s 37
(1) An authorized officer may arrest without warrant any person— (a) found committing or attempting to commit or abetting the commission of an offence under this Act; or (b) whom the authorized officer reasonably suspects of being engaged in committing or attempting to commit or abetting the commission of an offence under this Act. (2) An authorized officer making an arrest under subsection (1) shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt with in accordance with the law relating to criminal procedure for the time being in force.
Search and seizure with warrant
s 38
(1) If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary, that there is reasonable cause to believe that— (a) any premises has been used or are about to be used for; or (b) there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act, the Magistrate may issue a warrant authorizing any authorized officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force. (2) A warrant issued under subsection (1) may authorize the authorized officer to— (a) search the premises for, and to seize or remove from the premises any pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the commission of such offence; (b) take samples of any pepper, pepper product or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and (c) make copies of or take extracts from any book, record, document or other article found in the premises. (3) An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary. (4) An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do,— (a) break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises; (b) remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under this section; and (c) detain any person found in the premises until the search has been completed. (5) Where, by reason of its nature, size or amount, it is not practicable to remove any pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this section, the authorized officer shall, by any means, seal such pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article in the premises or container in which it is found. (6) A person who, without lawful authority breaks, tampers with or damages the seal referred to in subsection (5) or removes the pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Search and seizure without warrant
s 39
Whenever an authorized officer has reasonable cause to believe that any pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article in respect of which an offence under this Act has been committed is likely to be found in or on any place, premises, person, vehicle, vessel or conveyance and that by reason of delay in obtaining a warrant under section 38 the object of the search may be frustrated, he may, without warrant, with such assistance and force as is necessary— (a) enter and search such place or premises; (b) stop and search such person, vehicle, vessel or conveyance; and (c) seize any pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article which may be found and may be evidence of the commission of such offence.
Power to enter premises
s 40
Notwithstanding sections 38 and 39, an authorized officer may at any time enter any premises for the purpose of— (a) inspecting any pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article as he considers necessary; (b) verifying the accuracy of records or statements or any information given to an authorized officer or to the Board; or (c) collecting samples of any pepper or pepper product.
Search of persons
s 41
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
Seizure of thing, etc.
s 42
Without prejudice to subsection 38(2) and section 39, any pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article that an authorized officer reasonably suspects has been used or will be used in the commission of any offence under this Act may be seized and detained by the authorized officer.
Power to stop, search and seize conveyances
s 43
(1) If an authorized officer has reasonable cause to suspect that any conveyance is carrying any pepper, pepper product, machinery, contrivance, equipment, book, record, document or any other article in respect of which an offence under this Act is being or has been committed, he may stop and examine the conveyance and may, if on examination he has reasonable cause to believe that such conveyance is or has been used for the commission of such offence, seize such conveyance and any pepper, pepper product, machinery, contrivance, equipment, book, record, document or other article found in the conveyance that is reasonably believed to furnish evidence of the commission of such offence. (2) The person in control or in charge of the conveyance shall, if required to do so by the authorized officer— (a) stop the conveyance and allow the authorized officer to examine it; and (b) open all parts of the conveyance for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the authorized officer considers necessary. (3) Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
List of things seized
s 44
(1) Where any seizure is made under this Part, the authorized officer making the seizure shall prepare a list of every pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article seized and of the place in which it is found and shall sign the list. (2) The list prepared in accordance with subsection (1) shall be delivered immediately to— (a) the occupant of the place or premises where the pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article seized is found; and (b) the person in control or in charge of the conveyance, where the seizure is made under section 43. (3) Where the seizure is made in or from any place or premises which are unoccupied, the authorized officer shall whenever possible post a list of things seized conspicuously at the place or premises. (4) Where any pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article is seized otherwise than in or from any place or premises, the authorized officer making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article seized by delivering a copy of such notice to the owner in person or by post at his place of business or residence. (5) A notice under subsection (4) need not be given if the seizure is made in the presence or with the knowledge of the owner.
Temporary return of conveyance, etc.
s 45
(1) Where any conveyance, machinery, contrivance or equipment is seized under this Act, the court may temporarily return the conveyance, machinery, contrivance or equipment to the owner of the conveyance, machinery, contrivance or equipment or the person from whose possession, custody or control it was seized, subject to such terms and conditions as the court may impose and subject, in any case, to sufficient security being furnished to the satisfaction of the court that the conveyance, machinery, contrivance or equipment shall be surrendered to the court on demand and that such terms and conditions, if any, shall be complied with. (2) Where any seized conveyance, machinery, contrivance or equipment is temporarily returned under subsection (1), a person who— (a) fails, on demand, to surrender the conveyance, machinery, contrivance or equipment to the court; or (b) contravenes any of the terms or conditions imposed under subsection (1), commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Sale and disposal of seized pepper, etc.
s 46
(1) The Director General may at any time direct that any pepper or pepper product seized under this Act be sold and the proceeds of the sale be held while waiting for the result of any prosecution under this Act where— (a) the pepper or pepper product is of a perishable nature or easily deteriorates in quality; (b) the custody of the pepper or pepper product involves unreasonable expense and inconvenience; (c) there is a lack or absence of adequate or proper facilities for the storage of the pepper or pepper product; or (d) the pepper or pepper product is believed to cause an obstruction or to be a hazard to the public. (2) Notwithstanding subsection (1), where an analyst certifies, or if the results of tests as certified by an analyst proves, that the pepper or pepper product tested by him is contaminated, the authorized officer may keep it in custody, or if no prosecution is instituted in respect of the pepper or pepper product, cause it to be disposed of in the manner determined by the Director General.
Power to require attendance of persons acquainted with case
s 47
(1) The authorized officer making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as required. (2) If any such person refuses to attend as required by an order made under subsection (1), the authorized officer may report his refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order.
Examination of persons acquainted with case
s 48
(1) An authorized officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined. (2) Such person shall be bound to answer all questions relating to such case put to him by the authorized officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture. (3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions. (4) The authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3). (5) A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after— (a) it has been read to him in the language in which he made it; and (b) he has been given an opportunity to make any correction he may wish.
Admissibility of statements in evidence
s 49
(1) In any trial or inquiry by a court into an offence under this Act, any statement, whether the statement amounts to a confession or not, is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation under this Act or not and whether or not wholly or partly in answer to questions, by an accused person to or in the hearing of an authorized officer and whether or not interpreted to him by any other authorized officer or any other person, whether concerned or not in the arrest of that person, shall, notwithstanding any written law or rule of law to the contrary, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in crossexamination and for the purpose of impeaching his credit. (2) No statement under subsection (1) shall be admissible or used as provided for in that subsection if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the person proceeding from a person in authority and sufficient in the opinion of the court to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. (3) Where any person is arrested or is informed that he may be prosecuted for any offence under this Act, he shall be served with a notice in writing, which shall be explained to him, to the following effect: “You have been arrested/informed that you may be prosecuted for ................................. (the possible offence under this Act). Do you wish to say anything? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”. (4) Notwithstanding subsection (3), a statement by any person accused of any offence under this Act made before there is time to serve a notice under that subsection shall not be rendered inadmissible in evidence merely by reason of no such notice having been served on him if such notice has been served on him as soon as is reasonably possible thereafter. (5) No statement made by an accused person in answer to a written notice served on him pursuant to subsection (3) shall be construed as a statement caused by any inducement, threat or promise as is described in subsection (2), if it is otherwise voluntary. (6) Where in any criminal proceedings against a person for an offence under this Act, evidence is given that the accused, on being informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so informed, the court, in determining whether the prosecution has made out a prima facie case against the accused and in determining whether the accused is guilty of the offence charged, may draw such inference from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material. (7) Nothing in subsection (6) shall in any criminal proceedings— (a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence of it would be admissible apart from that subsection; or (b) be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from that subsection.
Forfeiture of seized pepper, etc.
s 50
(1) Any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act shall be liable to forfeiture. (2) An order for the forfeiture of the pepper or pepper product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the pepper or pepper product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article was the subject-matter of or was used in the commission of the offence, even though no person has been convicted of such offence. (3) If there is no prosecution with regard to any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, such pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last known address of the person from whom the pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article was seized indicating that there is no prosecution in respect of such pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5), (6) and (7). (4) Any person asserting that he is the owner of the pepper or pepper product or the proceeds of sale thereof, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such pepper or pepper product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article is held that he claims the pepper or pepper product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article. (5) On receipt of the notice referred to in subsection (4), the authorized officer shall refer the matter to the Director General who may direct that the pepper or pepper product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article be released or may direct the authorized officer, by information in writing, to refer the matter to a Magistrate. (6) The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the Board and the person asserting that he is the owner of the pepper or pepper product or the proceeds of sale thereof, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article and the person from whom it was seized to appear before the Magistrate, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter. (7) If it is proved that an offence under this Act has been committed and that the pepper or pepper product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (6) was the subject-matter of or was used in the commission of such offence, the Magistrate shall order the pepper or pepper product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article to be forfeited, and shall, in the absence of such proof, order its release. (8) Any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the directions of the Magistrate. (9) The Board shall not be liable to any person for any deterioration, no matter how arising, in the quality of any pepper or pepper product seized under this Act.
Property in forfeited pepper, etc.
s 51
Any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or taken and deemed to be forfeited under this Part shall be the property of the Board.
Release of seized pepper, etc.
s 52
Notwithstanding section 50, the Director General or any officer authorized by the Director General may, where he thinks fit, at any time direct that any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Part be released to the person from whose possession, custody or control it was seized.
Back to Malaysian Pepper Board Act 2006 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 November 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).
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