Page 32 - Act-234-Dangerous-Drugs-Act-1952

32 Laws of Malaysia ACT 234

Indemnity

29. (1) The Government shall not be liable to make good any
damage which any goods or other property may sustain as a result
of an entry, search or detention under this Act, unless such damage
shall have been caused by the wilful neglect or default of an
officer employed by the Government.

(2) In the event of any dispute as to the amount of any damage
so caused the same shall be summarily ascertained and determined
by a Magistrates’ Court.

Seizure and forfeiture of drugs, etc.
30. (1) All dangerous drugs, syringes, pipes, lamps, utensils, books
and documents in respect of which any police officer or officer
of customs reasonably believes that an offence under this Act or
any breach of the restrictions or conditions subject to or upon
which any licence, permit or authorization has been granted has
been or is being committed, together with any receptacle, package
or conveyance or other article in which the same is found or which
is reasonably suspected of having been used in the commission of
the offence or breach, may be seized by such officer.

(2) All things liable to seizure under this section, shall be liable
to forfeiture.

(3) Whenever any conveyance is seized under this section, the
seizing officer shall forthwith give notice in writing of such seizure
and the grounds thereof to the owner of such conveyance, if known,
either by delivering such notice to him personally or by post at
his place of abode:

Provided that such notice shall not be required to be given
where such seizure is made in the presence of the offender or the
owner of such conveyance or his agent, or in the case of a ship
or an aircraft in the presence of the master or pilot as the case
maybe.

(4) Subsection (1) shall not apply to any ship of more than one
hundred tons burden or to any train or to any aircraft belonging
to any person carrying on a regular passenger or freight service
to and from Malaysia:

Provided that any such ship or aircraft may be detained by a
police officer not below the rank of Sub-Inspector or a senior
officer of customs pending an application to the Court for an order