Page 37 - Act-234-Dangerous-Drugs-Act-1952

Dangerous Drugs 37

Abetting or procuring the commission of an offence abroad

34. Any person who within Malaysia, abets the commission in
any place outside Malaysia of any offence punishable under any
corresponding law in force in that place, or does any act preparatory
to, or in furtherance of, any act, which offence or act if committed
in Malaysia would constitute an offence under this Act shall be
guilty of an offence under this Act and shall be punishable in the
same manner as if the offence or act which he abetted or in respect
of which he did such preparatory act or which he furthered had
been committed or intended to be committed in Malaysia.

Liability of officers of a company and employers and servants

35. (1) Where an offence against this Act is committed by a
company, the chairman and every director and every officer concerned
in the management of the company shall be guilty of the like
offence, unless he proves to the satisfaction of the Court that the
act constituting the offence took place without his knowledge or
consent.

(2) Any person licensed or authorized under any regulation
made under this Act who would be liable under this Act or under
any regulation made there under to any punishment, penalty or
forfeiture for any act, omission, neglect or default shall be liable
to the same punishment, penalty or forfeiture for every such act,
omission, neglect or default of any agent or servant employed by
him in the course of his business as such licensed or authorized
person, if such act, omission, neglect or default is committed by
such agent or servant in the course of his employment by such
licensed or authorized person.

(3) Every such agent or servant shall also be liable to every
punishment, penalty or forfeiture prescribed by this Act or under
any regulation made there under for such acts, omissions, neglects
or defaults done or omitted to be done by him as fully and effectually
as if he had been the person licensed or authorized.

Burden of proof

36. It shall not be necessary in any proceedings against any
person for an offence against this Act to negative by evidence any
licence, authorization, authority, or other matter of exception or
defence, and the burden of proving any such matter shall be on
the person seeking to avail himself thereof.