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← Dangerous Drugs (Special Preventive Measures) Act 1985

Dangerous Drugs (Special Preventive Measures) Act 1985 s 3

Dangerous Drugs (Special Preventive Measures) Act 1985 s 3

s 3 Power to detain suspected persons

(1) Any police officer may, without warrant, arrest and detain, for the purpose of investigation, any person in respect of whom he has reason to believe there are grounds which could justify his detention under subsection 6(1). (2) Any person arrested and detained under this section may be detained in police custody for a period not exceeding sixty days without an order of detention having been made in respect of him under subsection 6(1): Provided thatβ€” (a) he shall not be detained for more than twenty four hours except with the authority of a police officer of or above the rank of Inspector; (b) he shall not be detained for more than forty eight hours except with the authority of a police officer of or above the rank of Assistant Superintendent of Police; (c) he shall not be detained for more than fourteen days unless a police officer of or above the rank of Deputy Superintendent has reported the circumstances of the arrest and detention to the Inspector General or to a police officer designated by the Inspector General in that behalf and the Inspector General or police officer so designated by him, as the case may be, shall forthwith report the same to the Minister. (3) The police officer making an investigation pertaining to a person arrested and detained under this section shall cause a copy of the complete report of the investigation to be submittedβ€” (a) to an Inquiry Officer appointed under subsection 5(1); and (b) to the Minister, within such period as may be prescribed by the Minister by regulations made under this Act. (3A) Where the person arrested and detained under subsection (1) is a person in respect of whom subsection 6(5) applies, the complete report of the investigation referred to in subsection (3) in respect of such person may include any statement, document, information, or other thing or material whatsoever which had been obtained in the course of any enquiries made in respect of such person by a police officer under section 3 of the Ordinance for the purpose of the detention order under section 4, or the restriction order under section 4A, as the case may be, of the Ordinance, against him, regardless that such statement, document, information, or other thing or material was obtained in a manner which does not accord or comply with the requirements of section 4, and it shall not be necessary for any statement to be taken under section 4 for the purpose of such report in respect of such person, but if any statement is taken under section 4 it shall also be included in such report in respect of such person. (4) Any person detained under the powers conferred by this section shall be deemed to be in lawful custody, and may be detained in any prison, or in any police station, or in any other place authorized generally or specially by the Minister.

Read this section in the full act β†’ Β· Open Part II β†’

Find Act 316 on lom.agc.gov.my β†—

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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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