Page 43 - Act-234-Dangerous-Drugs-Act-1952

Dangerous Drugs 43

37B. (Deleted by Act A389).

Ship or aircraft used for unlawful import or export

38. (1) If any ship or any aircraft is used for the import or export
of any drug contrary to this Act or for the receipt or storage of
any drug imported contrary to this Act, the owner and master
thereof shall be guilty of an offence against this Act and liable to
a fine not exceeding ten thousand ringgit unless it is proved to the
satisfaction of the Court that the owner or master was not implicated
in the placing or keeping of such drug on board the ship or aircraft
and that the offence in question was committed without his knowledge,
consent or connivance, and the ship or aircraft may be detained
by order of the Court until security has been given for such sum
as the court orders, not exceeding ten thousand ringgit.

(2) Except in the case of drugs consigned in accordance with
an authorization issued under section 19, 20 or 24 or in transit in
accordance with section 21, the finding of any drug on board any
ship or aircraft shall be prima facie evidence that the ship or
aircraft has been used for the importation or exportation of such
drug contrary to this Act or for the receipt or storage of drugs
imported contrary to this Act.

(3) Any person who conceals any dangerous drug in any part
of any ship or aircraft or who, being cognizant of any dangerous
drug being concealed in any ship or aircraft, does not take the
earliest reasonable opportunity of reporting the same to the master
of such ship or aircraft after such ship has entered the territorial
waters of Malaysia or such aircraft has landed in Malaysia, as the
case may be, shall be liable on conviction to a fine not exceeding
*twenty thousand ringgit or to imprisonment for a term not exceeding
*five years or to both, unless he shall prove that he informed such
master before such ship entered such waters or such aircraft so
landed, as the case may be.

Powers of the Court in respect of drug dependants below the
age of eighteen

38A. Where any person below the age of eighteen years is found
guilty of an offence against this Act other than an offence under
section 6B or 39B or other than in a case where a person is found
guilty of an offence against this Act for which the punishment

*NOTE—Previously “two thousand ringgit” and “one year imprisonment”–see Dangerous Drugs
(Amendment) Act 1973 [Act A194].