1 -1. Short title.

This Act may be cited as the Dangerous Drugs Act 1952 .

2 PART I INTERPRETATION AND DEFINITIONS-2. Interpretation.

In this Act, unless the context otherwise requires:

"aircraft" includes every description of craft which may be used for the conveyance of passengers or goods by air;

  "cannabis"  means any part of any plant of the genus Cannabis from which there is found to be present resin irrespective of its quantity, and by whatever name the plant may be designated;

  "cannabis resin"  means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;

  "coca leaves"  means the leaves of any plant of the genus of the Erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation;

  "Commission"  means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;

3 PART I INTERPRETATION AND DEFINITIONS-3. Appointment of Drug Enforcement Officers.

The Yang di-Pertuan Agong may appoint such persons as he may think fit to be Drug Enforcement Officers for the purposes of this Act.

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4 PART II CONTROL OF RAW OPIUM, COCA LEAVES, POPPY-STRAW AND CANNABIS-4. Restriction on importation of raw opium, coca leaves, poppy-straw and cannabis.

(1) No person shall import into Malaysia any raw opium, coca leaves, poppy-straw or cannabis except under and in accordance with the authorization of the Minister and into such ports or places as may be prescribed by such authorization.

(2) Any person who contravenes this section shall be guilty of an offence against this Act, and shall be liable on conviction to imprisonment for a term not exceeding five years and not less than three years.

5 PART II CONTROL OF RAW OPIUM, COCA LEAVES, POPPY-STRAW AND CANNABIS-5. Restriction on exportation of raw opium, coca leaves, poppy-straw and cannabis.

(1) No persons shall export from Malaysia any raw opium, coca leaves, poppy-straw or cannabis except under and in accordance with the authorization of the Minister and from such ports or places as may be prescribed by such authorization.

(2) If at any time the importation of raw opium, coca leaves, poppy-straw or cannabis into any country or territory is prohibited or restricted by the laws of that country or territory, there shall, while that prohibition or restriction is in force, be attached to every authorization issued under this Part authorizing the exportation of raw opium, coca leaves, poppy-straw or cannabis from Malaysia such conditions as appear to the Minister necessary for preventing or restricting, as the case may be, the exportation of raw opium, coca leaves, poppy-straw or cannabis from Malaysia to that country or territory during such time as the importation of raw opium, coca leaves, poppy-straw or cannabis into that country o

6 PART II CONTROL OF RAW OPIUM, COCA LEAVES, POPPY-STRAW AND CANNABIS-6. Restriction on possession of raw opium, coca leaves, poppy-straw and cannabis.

Any person who keeps or has in his possession, custody or control any raw opium, coca leaves, poppy-straw or cannabis or the seeds of the plants from which they may be obtained either directly or indirectly, except under and in accordance with an authorization such as is referred to in sections 4 and 5 or with any regulation made under section 7 thereof, shall be guilty of an offence against this Act and liable on conviction to a fine not exceeding **twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

6A PART II CONTROL OF RAW OPIUM, COCA LEAVES, POPPY-STRAW AND CANNABIS-6A. [Deleted by Act A553].

6B PART II CONTROL OF RAW OPIUM, COCA LEAVES, POPPY-STRAW AND CANNABIS-6B. Restriction on planting or cultivation of certain plants.

(1) No person shall:

(a) either on his own behalf or on behalf of any other person, plant or cultivate any plant from which raw opium, coca leaves, poppy-straw or cannabis may be obtained either directly or indirectly;

(b) allow any plant, from which raw opium, coca leaves, poppy-straw or cannabis may be obtained either directly or indirectly, to be planted or cultivated by some other person on land owned or occupied by him or in any receptacle on such land; or

(c) allow any plant, from which raw opium, coca leaves, poppy-straw or cannabis may be obtained either directly or indirectly, planted or cultivated by some other person on land owned or occupied by him or in any receptacle on such land, to remain on such land or in such receptacle.

(2) Nothing in this section shall be construed to prevent the Minister from authorizing any public officer to plant or cultivate a

7 PART II CONTROL OF RAW OPIUM, COCA LEAVES, POPPY-STRAW AND CANNABIS-7. Power to regulate the production of and dealing in raw opium, coca leaves, poppy-straw and cannabis.

(1) The Minister may make regulations for prohibiting, controlling and restricting the cultivation, production, possession, sale and distribution of raw opium, coca leaves, poppy-straw or cannabis.

(2) All such regulations shall be made in accordance with section 47.

8 PART III CONTROL OF PREPARED OPIUM, CANNABIS AND CANNABIS RESIN-8. Application to cannabis and cannabis resin.

In this Part any reference to prepared opium or opium shall be construed as including a reference to cannabis, cannabis resin and substances of which such resin forms the base.

9 PART III CONTROL OF PREPARED OPIUM, CANNABIS AND CANNABIS RESIN-9. Possession, etc, of prepared opium.

(1) No person shall:

(a) import into or export from Malaysia; or

(b) keep or have in his possession, custody or control; or

(c) manufacture, sell or otherwise deal in,

any prepared opium.

(2) Any person who contravenes subsection (1) shall be guilty of an offence against this Act and 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.

10 PART III CONTROL OF PREPARED OPIUM, CANNABIS AND CANNABIS RESIN-10. Use of premises, possession of utensils and consumption of opium.

(1) If any person:

(a) being the owner or occupier of any premises permits those premises to be used for the purpose of making prepared opium or for the sale or the smoking or consumption otherwise of prepared opium; or

(b) is concerned in the management of any premises used for any such purposes as aforesaid,

he shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding **ten thousand ringgit or to imprisonment for a term not exceeding **three years or to both.

(2) If any person:

(a) has in his possession any pipe or other utensil for use in connection with the smoking of prepared opium, or any utensil used in the preparation of opium for smoking or consumption otherwise; or

(b) smokes or otherwise consumes prepared opium or frequents any place or places used for the purpose of smokin

11 PART IV CONTROL OF CERTAIN DANGEROUS DRUGS-11. Extent of application of Part IV.

(1) This Part applies to dangerous drugs listed in Parts III, IV and V of the First Schedule.

(2) If it appears to the Minister that any other derivative of cocaine or morphine or of any salts of cocaine or morphine or of any other alkaloid of opium or any other drug of whatever kind or any substance whatever is or is likely to be productive, if improperly used, or is capable of being converted into a substance which is, or is likely to be productive, if improperly used, of ill effects substantially of the same character or nature as or analogous to those produced by cocaine or morphine, the Minister may by order declare that this Part shall apply to that derivative or alkaloid or other drug or that substance in the same manner as it applies to the drugs mentioned in subsection (1).

(3) The Minister may by order amend Parts III, IV and V of the First Schedule by including therein any drug or substance in respect of which an order has be

12 PART IV CONTROL OF CERTAIN DANGEROUS DRUGS-12. Restriction on import and export of certain dangerous drugs.

(1) No person shall except under the authorization of the Minister:

(a) import into Malaysia any dangerous drug specified in Parts III, IV and V of the First Schedule; or

(b) export from Malaysia any dangerous drug specified in Parts III and IV of the First Schedule.

(2) No person shall have in his possession, custody or control any dangerous drug to which this Part applies unless he is authorized to be in possession, custody or control of such drug or is deemed to be so authorized under this Act or the regulations made thereunder.

(3) Any person who contravenes subsection (2) of this section shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding **five years or to both.

(4) Any person who is a public officer employed at any prison, rehabilitation

13 PART IV CONTROL OF CERTAIN DANGEROUS DRUGS-13. Keeping or using premises for unlawful administration.

Any person who:

(a) being the occupier of any premises, and not being a registered medical practitioner or a registered dentist, keeps or uses such premises for the purpose of the administration of any dangerous drug specified in Parts III and IV of the First Schedule to a human being; or

(b) being the owner or occupier of any premises permits such premises to be used for the purpose of the administration of any such dangerous drug to a human being by any person other than a registered medical practitioner or registered dentist or a person acting under the directions of a registered medical practitioner or registered dentist; or

(c) being the owner or occupier of any premises permits such premises to be used for the purpose of the smoking or consumption otherwise of any such dangerous drug by a human being,

shall be guilty of an offence against this Act, and shall be

14 PART IV CONTROL OF CERTAIN DANGEROUS DRUGS-14. Administration to others.

(1) Any person who administers any dangerous drug specified in Parts III and IV of the First Schedule to any other person shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(2) Nothing in this section shall be deemed to render unlawful the administration of any such drug by or under the directions of a registered medical practitioner or a registered dentist or a medical or dental officer of any visiting force lawfully present in Malaysia who is resident in Malaysia on full pay and acting in the course of his duty.

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15 PART IV CONTROL OF CERTAIN DANGEROUS DRUGS-15. Self administration.

(1) Any person who:

(a) consumes, administers to himself or suffers any other person, contrary to section 14 to administer to him any dangerous drug specified in Parts III and IV of the First Schedule; or

(b) is found in any premises kept or used for any of the purposes specified in section 13 in order that any such dangerous drug may be administered to or smoked or otherwise consumed by him,

shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years.

(2) For the purpose of this section, "consumes" includes eat, chew, smoke, swallow, drink, inhale or introduce into the body in any manner or by any means whatsoever.

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16 PART IV CONTROL OF CERTAIN DANGEROUS DRUGS-16. Control of manufacture and sale of certain dangerous drugs.

(1) For the purpose of preventing the improper use of the dangerous drugs specified in Parts III, IV and V of the First Schedule, the Minister may make regulations to provide for controlling the manufacture, sale, possession, and distribution of such drugs, and in particular, but without prejudice to the generality of the foregoing power, for:

(a) prohibiting the manufacture of any such drug except on premises licensed for the purpose and subject to any conditions specified in the licence;

(b) prohibiting the manufacture, sale, or distribution of any such drug except by persons licensed or otherwise authorized under the regulations and subject to any conditions specified in the licence or authority;

(c) regulating the issue by registered medical practitioners, registered dentists, and veterinary surgeons of prescriptions containing any such drug, and the dispensing of any such prescription

17 PART IV CONTROL OF CERTAIN DANGEROUS DRUGS-17. Prohibition of trade, etc, in new drugs, and power to apply Part IV with or without modifications to certain drugs.

(1) It shall not be lawful for any person to trade in, or manufacture for the purposes of trade, any products obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf, not being a product which was on 30 March 1961, being used for medical or scientific purposes or not being a substance specified in the First Schedule:

Provided that if the Minister is at any time satisfied as respects any such product that it is of medical or scientific value, the Minister may by order direct that this subsection shall cease to apply to that product.

If any person acts in contravention of this subsection, he shall be guilty of an offence against this Act, and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding *five years or to both.

(2) If it is made to appear to the Minister that a decision with respect to any such product as is me

18 PART V CONTROL OF EXTERNAL TRADE-18. Interpretation.

In this Part:

  "Convention"  means the Single Convention;

  "diversion certificate"  means a certificate issued by the competent authority of a country through which a dangerous drug passes in transit, authorizing the diversion of such drug to a country other than that specified as the country of ultimate destination in the export authorization, and containing all the particulars required to be included in an export authorization, together with the name of the country from which the consignment was originally exported;

  "export authorization"  means an authorization issued by a competent authority in a country from which a dangerous drug is exported;

  "import authorization"  means a licence, issued by a competent authority in a country into which it is inten

19 PART V CONTROL OF EXTERNAL TRADE-19. Export of dangerous drugs.

(1) Upon the production of an import authorization or an approval of import certificate duly issued by the competent authority in any country, it shall be lawful for the Minister to issue an export authorization in the Form B set out in the Second Schedule in respect of any drug referred to in the import authorization to any person who is named as the exporter in such import authorization, and is, under this Act, otherwise lawfully entitled to export such drug from Malaysia. The export authorization shall be prepared in triplicate and two copies shall be issued to the exporter who shall send one copy with the drug to which it refers when such drug is exported. The Minister shall send the third copy direct to the appropriate authority of the country of ultimate destination. Where the intended exportation is to a country which is not a party to the Convention, it shall not be necessary to produce an import authorization as aforesaid. In all cases it shal

20 PART V CONTROL OF EXTERNAL TRADE-20. Import of dangerous drugs.

(1) An import authorization in the Form C set out in the Second Schedule permitting the importation into Malaysia of any dangerous drug specified therein may be granted by the Minister, subject to such conditions as he shall deem fit, to any person who may lawfully import such drug and such conditions shall be endorsed upon the import authorization.

(2) Where an import authorization is issued in pursuance of subsection (1), the Minister shall also issue, in relation to the dangerous drug intended to be imported, an approval of import certificate in the Form A set out in the Second Schedule which shall be forwarded by the intending importer to the person from whom the drug is to be obtained. When the importer to whom an import authorization is issued under this section intends to import the drug or drugs to which such authorization relates in more than one consignment, a separate approval of import certificate shall be issued to him in respect o

21 PART V CONTROL OF EXTERNAL TRADE-21. Dangerous drugs in transit.

(1) No person shall bring any dangerous drug to Malaysia in transit unless:

(a) the drug is in course of transit from a country from which it may lawfully be exported, to another country into which such drug may lawfully be imported; and

(b) except where the drug comes from a country not a party to the Convention, it is accompanied by a valid and subsisting export authorization or diversion certificate, as the case may be.

(2) Where any dangerous drug in transit is accompanied by an export authorization or diversion certificate and there are reasonable grounds for believing that such authorization or certificate is false, or that it has been obtained by fraud or wilful misrepresentation of a material particular, it shall be lawful for the Minister, or any officer authorized by him in that behalf, to seize and detain the drug to which such authorization or certificate relates. Upon bei

22 PART V CONTROL OF EXTERNAL TRADE-22. Removal licences in transit.

(1) No person shall:

(a) in any way move any such drug from the conveyance by which it is brought into Malaysia in transit; or

(b) in any way move any such drug in Malaysia at any time after removal from such conveyance,

except under and in accordance with a licence (in the Form D set out in the Second Schedule and in this Act referred to as a "removal licence") issued by the Minister. In all cases it shall be in the absolute discretion of the Minister to issue or refuse a removal licence as he shall deem fit.

(2) No removal licence for the transfer of any such drug to any conveyance for removal out of Malaysia shall be issued unless and until a valid and subsisting export authorization or diversion certificate relating to it is produced to the Minister save that where the drug has come from a country not a party to the Convention this subsection shall not apply.

(3) T

23 PART V CONTROL OF EXTERNAL TRADE-23. Drugs not to be tampered with.

(1) It shall be unlawful for any person to cause any dangerous drug in transit to be subjected to any process which would alter its nature, or wilfully to open or break any package containing a dangerous drug in transit except upon the instructions of the Minister or of any officer authorized by the Minister to give such instructions and in such manner as he or such officer may direct.

(2) Any person who contravenes this section shall be guilty of an offence against this Act, and 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.

24 PART V CONTROL OF EXTERNAL TRADE-24. The diversion of dangerous drugs in transit.

(1) No person shall, except under the authority and in accordance with the terms and conditions of a diversion certificate in the Form E set out in the Second Schedule, cause or procure any dangerous drug brought into Malaysia in transit to be diverted to any destination other than that to which it was originally consigned. In the case of any drug in transit accompanied by an export authorization or a diversion certificate issued by a competent authority of some other country, the country to which the drug was originally consigned shall be deemed to be the country stated in such export authorization or diversion certificate to be the country of destination.

(2) The Minister may, in his absolute discretion, issue a diversion certificate in respect of any dangerous drug in transit upon production to him of a valid and subsisting import certificate issued by a competent authority in the country to which it is proposed to divert the drug, or if tha

25 PART V CONTROL OF EXTERNAL TRADE-25. Exemption of preparation in the possession of travellers.

Nothing in this Part shall be deemed to apply to such quantity of any dangerous drug in the form of a medicinal preparation in the possession of any person arriving in Malaysia by land, air or water from any place outside Malaysia as is reasonably required for the use of such person and which has been supplied to such person bona fide by or on the prescription of a medical practitioner residing outside Malaysia in accordance with the law of the country in which such drug was so supplied, provided that such person shall, as soon as possible on arrival, declare his possession of such dangerous drug to an officer having authority under this Act to search such person and shall submit to such medical examination as may be required of him.

25A-25P PART VA-25A-25P. [Deleted by Act 283].

[Deleted by Act 283] .

26 PART VI ANCILLARY AND GENERAL PROVISIONS-26. Interpretation.

In this Part:

  "senior officer of customs" and "officer of customs"  have, respectively, the same meaning as that assigned to such expressions in the Customs Act 1967 [Act 235] .

27 PART VI ANCILLARY AND GENERAL PROVISIONS-27. Powers of inspection and seizure.

(1) Whenever it appears to any Magistrate or Justice of the Peace, upon information and after such inquiry as he thinks necessary, that there is reasonable cause to believe that in or on any premises there is concealed or deposited any dangerous drug, syringe, pipe, lamp, utensil or other article liable to forfeiture under this Act, or as to which an offence under this Act has been committed, or any book or document directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which would if carried out be, an offence under this Act, or, in the case of a transaction or dealing carried out or intended to be carried out in any place outside Malaysia, an offence under the provisions of any corresponding law in force in that place, such Magistrate or Justice of the Peace may, by his warrant directed to any police officer not below the rank of Sergeant or to any officer of customs or to any

27A PART VI ANCILLARY AND GENERAL PROVISIONS-27A. Power to intercept communication.

(1) Notwithstanding any other written law, the Public Prosecutor, if he considers that it is likely to contain any information relating to the commission of an offence against this Act or to an act preparatory to or for the purpose of committing an offence against this Act, may, on the application of a police officer not below the rank of Superintendent of Police or of an officer of customs not below the rank of Assistant Director of Customs and Excise, authorize any police officer or officer of customs, as the case may be:

(a) to intercept, detain and open any postal article in the course of transmission by post;

(b) to intercept any message transmitted or received by any telecommunication; or

(c) to intercept or listen to any conversation by telecommunication.

(2) When any person is charged with an offence against this Act, any information obtained by a police offic

28 PART VI ANCILLARY AND GENERAL PROVISIONS-28. Obstruction of inspection or search.

Any person who:

(a) refuses any officer authorized to enter or search access to any premises, or conveyance; or

(b) assaults, obstructs, hinders or delays him in effecting any entrance which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; or

(c) fails to comply with any lawful demands of any police officer or officer of customs in the execution of his duty under this Act; or

(d) refuses or neglects to give any information which may reasonably be required of him and which he has it in his power to give; or

(e) fails to produce or conceals or attempts to conceal any book, document, dangerous drug, syringe, pipe, lamp, or utensil in relation to which there is reasonable ground for suspecting that an offence has been or is being committed against this Act; or

(f) rescues or endea

29 PART VI ANCILLARY AND GENERAL PROVISIONS-29. Indemnity.

(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.

30 PART VI ANCILLARY AND GENERAL PROVISIONS-30. Seizure and forfeiture of drugs, etc.

(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:

30A PART VI ANCILLARY AND GENERAL PROVISIONS-30A. Things seized may be delivered to the owner or other person.

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.

31 PART VI ANCILLARY AND GENERAL PROVISIONS-31. Power of arrest and seizure.

(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 customs office, and every person so arrested maybe searched at any convenient place provided that no female shall be searched except by a female.

(3) Any police officer or officer of customs making an arrest under this section may seize and detain any package, receptacle and conveyance which he has reasonable grounds for believing is liable to forfeiture

31A PART VI ANCILLARY AND GENERAL PROVISIONS-31A. Examination of arrested person by a medical officer.

(1) When any person is arrested on a charge of committing an offence against this Act:

(a) which is of such a nature; or

(b) which is alleged to have been committed under such circumstances,

as give reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence against this Act, it shall be lawful for a medical officer acting at the request of any police officer not below the rank of Sergeant, or any other officer in charge of a police station, or any officer of customs, and for any person acting in aid of a medical officer and under his direction, to make such an examination or examinations of the person arrested as may be reasonably necessary in order to ascertain the facts which may afford such evidence, and to use or cause to be used such force as may be reasonably necessary for that purpose.

(1A) For the purpose

31B PART VI ANCILLARY AND GENERAL PROVISIONS-31B. Procedure where investigation cannot be completed within twenty-four hours by an officer of customs.

(1) Whenever any person is arrested and detained in custody by any officer of customs for an offence against this Act, and it appears that the investigation cannot be completed within a period of twenty-four hours from the time that the person is arrested, any officer of customs may produce such person before a Magistrate and the Magistrate may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of such person in such custody as such Magistrate thinks fit for a term not exceeding fifteen days in the whole.

(2) If a Magistrate acting under subsection (1) does not have jurisdiction to try the case and considers further detention unnecessary, he may order such person to be produced before a court having such jurisdiction, or, if the case is triable exclusively by the High Court, before himself or any Magistrate having jurisdiction with a view to transmitting the case for trial by the High Court.

32 PART VI ANCILLARY AND GENERAL PROVISIONS-32. False declaration.

Any person who, for the purpose of obtaining, whether for himself or for any other person, the issue, grant, or renewal of any licence or authority under this Act, makes any declaration or statement which is false in any material particular, or knowingly utters, produces, or makes use of, any such declaration or statement or any document containing the same, shall be guilty of an offence against this Act, and shall be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

33 PART VI ANCILLARY AND GENERAL PROVISIONS-33. Abetments and attempts punishable as offences.

Any person who abets the commission of, or who attempts to commit, or does any act preparatory to or in furtherance of the commission of, any offence under this Act shall be guilty of such offence and liable to the punishment provided for such offence.

34 PART VI ANCILLARY AND GENERAL PROVISIONS-34. Abetting or procuring the commission of an offence abroad.

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.

35 PART VI ANCILLARY AND GENERAL PROVISIONS-35. Liability of officers of a company and employers and servants.

(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 suc

36 PART VI ANCILLARY AND GENERAL PROVISIONS-36. Burden of proof.

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.

37 PART VI ANCILLARY AND GENERAL PROVISIONS-37. Presumptions.

In all proceedings under this Act or any regulation made thereunder:

(a) any premises shall be deemed to be used for a purpose if they are used for that purpose even on one occasion only;

(b) a person, until the contrary is proved, shall be deemed to be the occupier of any premises, if he has, or appears to have, the care or management of such premises;

(c) if any syringe and dangerous drug suitable for hypodermic injection, or any pipe and dangerous drug suitable for smoking be found in any premises, it shall be presumed, until the contrary is proved, that the premises are used for the purpose of the administration of a dangerous drug to, or the smoking or consumption otherwise of a dangerous drug by, a human being and that the occupier permits such premises to be used for such purpose;

(d) any person who is found to have had in his custody or under his control anything w

37A PART VI ANCILLARY AND GENERAL PROVISIONS-37A. Application of presumptions.

Notwithstanding anything under any written law or rule of law, a presumption may be applied under this Part in addition to or in conjunction with any other presumption provided under this Part or any other written law.

[Ins. by Act A1457]

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37B PART VI ANCILLARY AND GENERAL PROVISIONS-37B. Admission of statement in evidence.

(1) Where any person is charged with any offence against this Act any statement, whether such statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after such person is charged and whether in the course of a police investigation or not and whether or not wholly or partly in answer to questions, by such person to or in the hearing of any police officer of or above the rank of Inspector or any senior officer of customs and whether or not interpreted to him by any other police officer or senior officer of customs or any other person concerned or not in the arrest, shall notwithstanding anything to the contrary contained in any written law, be admissible at his trial in evidence and, if such person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:

Provided that no such statement shall be admissible or used as aforesaid:

38 PART VI ANCILLARY AND GENERAL PROVISIONS-38. Ship or aircraft used for unlawful import or export.

(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 e

38A PART VI ANCILLARY AND GENERAL PROVISIONS-38A. Powers of the Court in respect of drug dependants below the age of eighteen.

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 shall be under section 39A, the court may, if it is satisfied that such person is a drug dependant as certified by a government medical officer or a registered medical practitioner and that it is inexpedient to inflict the punishment provided, deal with such person under section 6 of the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283] .

38B PART VI ANCILLARY AND GENERAL PROVISIONS-38B. Powers of the Court in respect of persons found guilty under section 15.

(1) Where a person is found guilty of an offence under section 15, he shall, immediately after having undergone the punishment imposed upon him in respect thereof, undergo supervision by an officer as defined under section 2 of the Drug Dependants (Treatment and Rehabilitation) Act 1983 for a period of not less than two and not more than three years as may be determined by the court.

(2) A person required to undergo supervision under subsection (1) shall be deemed to have been placed under such supervision under paragraph 6(1) (b) of the Drug Dependants (Treatment and Rehabilitation) Act 1983.

39 PART VI ANCILLARY AND GENERAL PROVISIONS-39. General penalty.

Every person convicted of an offence under this Act for which no penalty is specifically provided shall, in respect of each offence, be liable to a fine not exceeding *five thousand ringgit or to imprisonment for a term not exceeding *two years or to both.

39A PART VI ANCILLARY AND GENERAL PROVISIONS-39A. Increased penalty where the subject matter is the prescribed amount of certain dangerous drugs.

(1) Every person found guilty of an offence against this Act where the subject matter of the offence is:

(a) 2 grammes or more but less than 5 grammes in weight of heroin;

(b) 2 grammes or more but less than 5 grammes in weight of morphine;

(c) 2 grammes or more but less than 5 grammes in weight of monoacetylmorphines;

(d) a total of 2 grammes or more but less than 5 grammes in weight of heroin, morphine and monoacetylmorphines or a total of 2 grammes or more but less than 5 grammes in weight of any two of the said dangerous drugs;

(e) 5 grammes or more but less than 15 grammes in weight of cocaine;

(f) 20 grammes or more but less than 50 grammes in weight of cannabis;

(g) 20 grammes or more but less than 50 grammes in weight of cannabis resin;

(h) a total of 20 grammes or more but less than 50 grammes in

39B PART VI ANCILLARY AND GENERAL PROVISIONS-39B. Trafficking in dangerous drug.

(1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Malaysia:

(a) traffic in a dangerous drug;

(b) offer to traffic in a dangerous drug; or

(c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.

(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than twelve strokes.

[Am. by Act 846; Subs. by Act A1558/2017]

(2A) [Deleted by Act 846] .

(2B) [Deleted by Act 846] .

(3) A prosecution under this section shall not be instituted except by or with the consent of the Public Prosecutor:

39C PART VI ANCILLARY AND GENERAL PROVISIONS-39C. Increased penalty where person has prior admissions or convictions.

(1) Where a person who has not less than:

(a) two previous admissions;

(b) two previous convictions under paragraph 10(2) (b) or paragraph 15(1) (a) or any combination of the sections;

(c) one previous admission and one previous conviction under paragraph 10(2) (b) or paragraph 15(1) (a) ;

(d) one previous admission and two previous convictions under section 31A; or

(e) one previous conviction under paragraph 10(2) (b) or paragraph 15(1) (a) and two previous convictions under section 31A,

is found guilty of an offence under paragraph 10(2) (b) , paragraph 15(1) (a) or section 31A, he shall, instead of being liable to the punishment provided for that offence under the section under which he has been found guilty, be punished with imprisonment for a term which shall not be le

40 PART VI ANCILLARY AND GENERAL PROVISIONS-40. Protection of informers.

(1) Except as hereinafter provided, no complaint as to an offence under this Act shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery.

(2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the Court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further.

(3) If on trial for any offence under this Act the Court, after full inquiry into the case, is of opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be fa

40A PART VI ANCILLARY AND GENERAL PROVISIONS-40A. Evidence of agent provocateur admissible.

(1) Notwithstanding any rule of law or the provisions of this Act or any other written law to the contrary, no agent provocateur shall be presumed to be unworthy of credit by reason only of his having attempted to abet or abetted the commission of an offence by any person under this Act if the attempt to abet or abetment was for the sole purpose of securing evidence against such person.

(2) Notwithstanding any rule of law or this Act or any other written law to the contrary, and that the agent provocateur is a police officer whatever his rank or any officer of customs, any statement, whether oral or in writing made to an agent provocateur by any person who subsequently is charged with an offence under this Act shall be admissible as evidence at his trial.

41 PART VI ANCILLARY AND GENERAL PROVISIONS-41. Jurisdiction.

(1) A Sessions Court or a Magistrates' Court presided over by a Magistrate of the First Class shall have jurisdiction to try any offence under this Act, except an offence under section 39B, and power to impose for any offence so tried the full punishment or penalty provided for that offence by this Act or by any regulations made thereunder, other than, in the case of a Magistrates' Court, imprisonment exceeding five years.

(2) Notwithstanding subsection (1), the High Court shall have jurisdiction to try any case in respect of any offence under this Act if the Public Prosecutor requires any suchcase to be tried by the High Court.

(3) Subsections (1) and (2) shall have effect notwithstanding any other written law to the contrary.

41A PART VI ANCILLARY AND GENERAL PROVISIONS-41A. Special provisions relating to transmission of a case to, and trial by, the High Court.

(1) Where any case in respect of an offence under this Act is triable exclusively by the High Court or is required by the Public Prosecutor to be tried by the High Court, the accused person shall be produced before the appropriate subordinate court which shall, after the charge has been explained to him, transmit the case to the High Court without holding a preliminary inquiry under Chapter XVII of the Criminal Procedure Code, and cause the accused person to appear or be brought before such Court as soon as may be practicable.

(2) When the accused person appears or is brought before the High Court in accordance with subsection (1), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX of the Criminal Procedure Code.

(3) The trial of a case transmitted to the High Court under subsection (1) shall be by a Judge of the High Court sitting alone, and *Chapters XXI and XXII of the

41B PART VI ANCILLARY AND GENERAL PROVISIONS-41B. No bail to be granted in respect of certain offences.

(1) Bail shall not be granted to an accused person charged with an offence under this Act:

(a) where the offence is punishable with death;

(b) where the offence is punishable with imprisonment for more than five years; or

(c) where the offence is punishable with imprisonment for five years or less and the Public Prosecutor certifies in writing that it is not in the public interest to grant bail to the accused person.

(2) Subsection (1) shall have effect notwithstanding any other written law or any rule of law to the contrary.

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42 PART VI ANCILLARY AND GENERAL PROVISIONS-42. Power to conduct prosecutions.

Prosecution in respect of offences under this Act may be conducted by any police officer not below the rank of Sub-Inspector, any senior officer of customs, or any officer of customs specially or generally authorized thereto in writing by the Director General of Customs and Excise.

42A PART VI ANCILLARY AND GENERAL PROVISIONS-42A. Rewards.

The Inspector General of Police or the Director General of Customs and Excise may order such rewards as he may deem fit to be paid to any officer or other person for services rendered in connection with the detection of offences under this Act or in connection with any seizures made under this Act.

43 PART VI ANCILLARY AND GENERAL PROVISIONS-43. Licences, permits, etc, may be subject to conditions.

Any licence, authorization permit or authority issued or granted under this Act or under any regulation made thereunder may be issued or granted on such terms and subject to such conditions as may be prescribed, or as the officer issuing or granting the same shall (either generally or in any particular instance) think proper; and in such case, such terms and conditions shall be binding on and observed by the licensee or grantee, as the case may be.

44 PART VI ANCILLARY AND GENERAL PROVISIONS-44. Power of Minister to delegate powers and functions.

It shall be lawful for the Minister by order under his hand to delegate to any fit and proper officer authority to exercise (subject to any limitations which may in such order be specified) any of the powers and functions vested in the Minister by this Act and thereupon such officer shall, to the extent of such delegation, be deemed to be empowered and authorized to exercise such powers and functions accordingly. The Minister may under this section delegate the same powers and functions to more than one officer and different powers and functions to different officers.

45 PART VI ANCILLARY AND GENERAL PROVISIONS-45. Power of Minister to exempt certain drugs and institutions from certain provisions of the Act.

The Minister may, by order or by regulations made under this Act, exempt from any of the provisions of this Act or the regulations made thereunder:

(a) dangerous drugs in respect of which:

(i) the Secretary General of the United Nations Organization shall have communicated to the parties to the Single Convention under article 3 of the said Convention a decision of the Commission; or

(ii) the Minister shall have decided that such dangerous drugs cannot give rise to the drug habit on account of the medicaments with which the said dangerous drugs are compounded; or

(b) any hospital, infirmary, dispensary wholly or mainly maintained by a public authority out of public funds or such like institutions as he may approve from time to time.

45A PART VI ANCILLARY AND GENERAL PROVISIONS-45A. Power of the Minister to vary First Schedule.

If:

(a) it appears to the Minister that a decision of the Commission or of the United Nations Organization to alter any of the Schedules to the Single Convention or to apply to a substance, measures of control applicable under that Convention to substances specified in Schedule 1 thereto, requires the addition of a substance to the First Schedule; or

(b) it appears to him probable that there will be taken such a decision as aforesaid of the Commission or of the United Nations Organization as will require the addition of a substance to the First Schedule and that, in the circumstances of the case, it is expedient to anticipate the decision; or

(c) he considers it expedient to add a substance to, or remove a substance from, or vary the First Schedule,

he may by order make the requisite modifications in the said First Schedule.

46 PART VI ANCILLARY AND GENERAL PROVISIONS-46. Act not to derogate from other statutory or other legal provisions and powers.

The provisions contained in and the powers conferred by this Act shall, except so far as may otherwise expressly be enacted or provided, be in addition to and not in derogation of any other provisions or powers existing under any written law for the time being in force in Malaysia or in any part thereof and in particular, but without prejudice to the generality of the foregoing, to the provisions and powers existing under the Sale of Drugs Act 1952 [Act 368] or the corresponding written law in force in Sabah or Sarawak.

47 PART VI ANCILLARY AND GENERAL PROVISIONS-47. Regulations.

(1) The Minister may make regulations for the further, better and more convenient carrying out of the provisions or purposes of this Act and in particular, but without derogating from the generality of the provisions last aforesaid, with respect to any or all of the following matters:

(a) the matters referred to in sections 7 and 16;

(b) the prescription of forms and fees in connection with any matter under this Act;

(c) the prescription of anything which is required to be, or which may be prescribed, under this Act.

(2) The Minister may in such regulations or by separate regulations made under this Act provide that any act or omission in contravention of the provisions of any regulation or of the terms or conditions of any licence, permit or other authority issued under any regulation shall be an offence and may impose one or more of the following penalties for such

48 PART VI ANCILLARY AND GENERAL PROVISIONS-48. Drug Enforcement Officers to be deemed public servants.

All Drug Enforcement Officers under this Act shall be deemed to be public servants within the meaning of the Penal Code.

49 PART VI ANCILLARY AND GENERAL PROVISIONS-49. Action of officers no offence.

Nothing done by any officer of the Government in the course of his duties shall be deemed to be an offence under this Act.

50 PART VI ANCILLARY AND GENERAL PROVISIONS-50. Repeal.

The Ordinances, Enactments and Proclamation specified in the Third Schedule are hereby repealed.