Page 34 - Act-234-Dangerous-Drugs-Act-1952

34 Laws of Malaysia ACT 234

being proved, the Sessions Court Judge or the Magistrate shall
proceed to the examination of the matter and on proof that an
offence under this Act or a breach of the restrictions or conditions
subject to or upon which any licence, permit or authorization has
been granted has been committed and that such thing was the
subject matter, or was used in the commission of such offence or
breach shall order the same to be forfeited, or may in the absence
of such proof order its release.

(11) In any proceeding before any Court relating to the seizure
of any dangerous drugs, syringes, pipes, lamps, utensils, books,
documents, receptacles, packages or conveyance subject to forfeiture
under this section the Court shall proceed with the trial or the
appeal as the case may be on the merits of the case only without
enquiring into the manner or form of making any seizure except
in so far as the manner and form of seizure may be evidence on
such merits.

Things seized may be delivered to the owner or other person

30A. The Minister may upon application made to him in writing
order anything seized under this Act, whether forfeited or taken
and deemed to be forfeited, to be delivered to the owner or other
person entitled there to upon such terms and conditions as he may
deem fit:

Provided that any such application shall be made before the
expiration of one calendar month from the date of forfeiture of
such thing or from the date on which such thing shall be taken and
deemed to be forfeited as the case may be.

Power of arrest and seizure

31. (1) Any police officer or any officer of customs may arrest
without a warrant any person whom he reasonably believes to have
committed or to be committing an offence against this Act, and
every offence against this Act shall be deemed to be a seizable
offence for the purposes of the Criminal Procedure Code
[Act 593].

(2) Every person so arrested shall, together with any article as
to which an offence may have been committed or which is otherwise
reasonably believed by the officer making such arrest to be liable
to forfeiture under this Act, be taken to a police station or to a