1 PART I PRELIMINARY-1. Short Title.

This Act may be cited as the Dangerous Drugs (Forfeiture of Property) Act 1988 .

2 PART I PRELIMINARY-2. Interpretation.

(1) Subject to subsection (2), and unless the context otherwise requires, terms and expressions used in this Act have the same meaning as assigned thereto in the Dangerous Drugs Act 1952 [Act 234] .

(2) In this Act, unless the context otherwise requires:

"associate", in relation to a person, includes:

(a) any person who had been or is residing in the residential premises (including appurtenances) of such person;

(b) any person who had been or is an agent or nominee of such person;

(c) any person who had been or is managing the affairs or keeping the accounts of such person;

(d) any partnership firm of which such person, or any agent or nominee of his, is or had been a partner or a person in charge or control of its business or affairs;

(e) any corporation within the meaning of the Companies Act 1965 [Act 125] ,

3 PART II OFFENCES IN RELATION TO PROPERTY-3. Use of property for activity constituting certain offences.

(1) Any person who, whether within or outside Malaysia, whether directly or indirectly, whether on behalf of himself or on behalf of any other person, enters into or causes to be entered into any dealing in relation to any property, or in any other manner uses or causes to be used any property:

(a) with the intention, of promoting, managing, establishing, or carrying on any act, activity or conduct which constitutes a Scheduled offence; or

(b) with the intention of facilitating or assisting in the promotion, management, establishment or carrying on of the act, activity or conduct referred to in paragraph (a) ,

whether or not such Scheduled offence has been committed, or any person has been charged with or convicted of such offence, shall be guilty of an offence and shall be sentenced to imprisonment for a term of not less than five years and not more than twenty years.

4 PART II OFFENCES IN RELATION TO PROPERTY-4. Dealing with, or using, holding, receiving or concealing illegal property.

(1) Any person who, whether within or outside Malaysia whether directly or indirectly, whether on behalf of himself or on behalf of any other person, enters into or causes to be entered into any dealing in relation to any property, or otherwise uses or causes to be used, or holds, receives, or conceals any property, knowing or having reason to believe that such property or any part thereof is illegal property, shall be guilty of an offence and shall be sentenced to imprisonment for a term of not less than five years and not more than twenty years.

(2) Where the property which is the subject matter of an offence under subsection (1) is illegal property by reason of its being related to an act, activity or conduct which constitutes an offence referred to in paragraph (a) of the definition of "prohibited activity" under section 2(2), the person charged for the offence under subsection (1) shall be liable therefor whether or not any person

5 PART II OFFENCES IN RELATION TO PROPERTY-5. Forfeiture of property upon conviction for an offence under section 3 or 4.

Where any person is convicted of an offence under section 3 or 4, the court which convicts him shall forfeit all the property which is the subject matter of that offence or which has been used for the commission of that offence:

Provided that no conveyance which has been used for the commission of the offence shall be forfeited if the offence was committed by a person other than the owner or person in charge of the conveyance and it is proved to the court that the use of such conveyance for the commission of the offence was without the consent of the owner or person in charge of the conveyance and was not due to any neglect, default, or lack of reasonable care by the owner or the person in charge of the conveyance.

6 PART II OFFENCES IN RELATION TO PROPERTY-6. Forfeiture of proof of offence under section 3 or 4.

Where it is proved to the satisfaction of the court that an offence under section 3 or 4 has been committed, the court shall make an order for the forfeiture of all property which is the subject matter of that offence or which has been used for the commission of that offence, notwithstanding that no person may have been convicted of the offence:

Provided that the proviso to section 5 shall apply in relation to an order for forfeiture under this section.

7 PART III FORFEITURE OF PROPERTY OF LIABLE PERSONS-7. Persons liable to be proceeded against under this Part.

(1) The following persons shall be liable to be proceeded against under this Part:

(a) every person:

(i) who has been finally convicted of an offence under section 3, 4, or 24(7), or under a foreign law corresponding to these sections, or of a Scheduled offence, committed at any time after the commencement of this Act;

(ii) who is or was detained after the commencement of this Act pursuant to an order of detention or restriction made under any law, in respect of any activity relating to or involving the trafficking in any dangerous drug:

Provided that the activity forming the ground of detention took place after the commencement of this Act;

(iii) who holds, conceals, receives, or uses or causes or allows to be used, any illegal property, knowing or having reason to believe the same to be illegal property;

(b) every relative of a person referred to

8 PART III FORFEITURE OF PROPERTY OF LIABLE PERSONS-8. Application to the High Court.

(1) If the Public Prosecutor has reason to believe that any person is a liable person he may apply ex parte to the High Court for an order of forfeiture of all the properties of which such person is a holder and which the Public Prosecutor has reason to believe are illegal properties.

(2) The application, supported by an affidavit or affidavits, shall:

(a) identify the liable person to be proceeded against, state his address of residence or business, if known, and other relevant particulars, which are known;

(b) state the grounds on which he is a liable person;

(c) identify the properties to be forfeited, set out their estimated value, and, if known, their location; and

(d) state any other matter, circumstance or information which, in the opinion of the Public Prosecutor, is relevant to the application.

(3) An application under subsec

9 PART III FORFEITURE OF PROPERTY OF LIABLE PERSONS-9. Notice to show cause against forfeiture.

(1) If at the hearing of the application of the Public Prosecutor under section 8(1), the High Court is satisfied that the application is made in accordance with the requirements of section 8, the Court shall issue a notice upon the liable person specified in the application (hereinafter in this Act referred to as the "person affected") and annexing thereto the affidavit or affidavits referred to in section 8(2), and calling upon the person affected to attend before the High Court on a date specified in the notice, which shall not be less than thirty days from the date of the notice, to show cause why all or any of the properties identified under section 8(2) (c) , should not be forfeited.

(2) A notice under subsection (1) shall, in addition to being served on the person affected, be published in the Gazette on the same date on which it is issued, or as soon as practicable thereafter.

(3) Where a notice to any person und

10 PART III FORFEITURE OF PROPERTY OF LIABLE PERSONS-10. Forfeiture of property in certain cases.

(1) At the hearing of the notice to show cause issued under section 9(1), the Court shall proceed to consider any evidence that may be given by the person affected or by any other witness tendered by him showing:

(a) that he is not a liable person;

(b) that all or any of the properties specified in the Public Prosecutor's application are not illegal properties; or

(c) that he is not the holder of all or any of such properties specified in the Public Prosecutor's application.

(2) The Public Prosecutor shall be entitled:

(a) to cross-examine the person affected or any other witness tendered by him;

(b) where the person affected does not give evidence himself as a witness, to examine the person affected on oath or affirmation as to any matter relevant to the application; and

(c) to adduce evidence of witness

11 PART III FORFEITURE OF PROPERTY OF LIABLE PERSONS-11. Forfeiture of certain types of property.

(1) Where the Court is satisfied that any property which the Court has ordered to be forfeited under section 10(5):

(a) cannot be located or traced;

(b) has been disposed of to a purchaser in good faith for valuable consideration;

(c) has been removed from Malaysia;

(d) is outside Malaysia;

(e) has been commingled with other property which cannot be separated or divided without difficulty; or

(f) has been diminished in value,

the Court shall order that any other property of the person affected be forfeited to the value of any property referred to in paragraph (a) , (c) , (d) , or (e) , or, in the case of property referred to in paragraph (b) or (f) , to the extent of the disposal, or to the extent to which it has been diminished in value, as the case may be, and where t

12 PART III FORFEITURE OF PROPERTY OF LIABLE PERSONS-12. Certain dealings to be null and void.

(1) Any dealing, contract, or other thing whatsoever effected, done, or entered into, by any person or between any persons after the issue of a notice under subsection 9(1) in respect of any property referred to in, or affected by, the said notice shall be null and void, and shall not be registered or otherwise howsoever given effect to by any person or authority.

(2) For so long as the proceedings under this Part in respect of the notice under section 9 have not been finally concluded in the High Court or in *the Federal Court no action, suit or other proceeding of a civil nature shall be instituted or if they are already pending, be maintained or continued in any court or before any other authority against the person named in the notice, or in respect of whose estate or property the notice is issued, or in respect of any property referred to in, or affected by, the notice, and no attachment, execution or other similar process shall be commenc

13 PART III FORFEITURE OF PROPERTY OF LIABLE PERSONS-13. Proceedings not to abate upon death of person affected.

(1) Proceedings under this Part shall not abate upon the death of the person affected but shall be continued to their final conclusion, regardless whether or not such death results from the execution of a sentence of death for any offence under any written law and whether or not such offence is related to or involves any dangerous drug, and where proceedings under this Part are instituted against a person who is under a sentence of death such proceedings shall not impede, delay or in any manner or for any reason affect the process for the execution of such sentence.

(2) Where the person affected dies before the conclusion of any proceedings under this Part, but after the issue of the notice against him under subsection 9(1), the proceedings shall be continued against the personal representative of the deceased liable person or, if there is no such personal representative, such beneficiary or beneficiaries of the estate of the deceased liable pe

14 PART III FORFEITURE OF PROPERTY OF LIABLE PERSONS-14. Proceedings under this Part to be within the criminal jurisdiction of the High Court.

Proceedings under this Part shall be dealt with by the High Court in the exercise of its criminal jurisdiction and the law relating to criminal procedure in the High Court shall apply to such proceedings subject to such modifications as may be prescribed in this Part or in any regulations made under this Act.

15 PART IV ARREST, INVESTIGATION AND SEIZURE-15. Power of arrest and detention.

(1) Every offence under this Act shall be a seizable offence for the purposes of the Criminal Procedure Code.

(2) Any police officer may arrest without a warrant:

(a) any person whom he reasonably suspects to have committed or to be committing an offence under this Act;

(b) any person whom he reasonably believes to be a liable person under section 7(1) (a) ; or

(c) without prejudice to paragraph (b) , any person against whom the Public Prosecutor intends to make an application under section 8 and has notified his intention in writing to a police officer.

(3) Where a person arrested under subsection (2) is serving a sentence of imprisonment, or is under detention under any law relating to preventive detention, or is otherwise howsoever in lawful custody, he shall, upon an order in writing by a senior police officer, be produced before such office

16 PART IV ARREST, INVESTIGATION AND SEIZURE-16. Power of entry, search and seizure.

(1) Whenever it appears to any senior police officer that there is reasonable cause to suspect that in or on any premises there is concealed or deposited any property liable to forfeiture under this Act, or as to which an offence under this Act is reasonably suspected to have been committed, or any book or document directly or indirectly relating to or connected with any dealing, or intended dealing, whether within or outside Malaysia, in respect of any property liable to seizure or forfeiture under this Act or which would, if carried out, be an offence under this Act, he may at any time by day or by night:

(a) enter such premises and there search for, and seize and detain, any such property, book or document;

(b) search any person who is in or on such premises, and for the purpose of such search, detain such person and remove him to such place as may be necessary to facilitate such search;

(c)

17 PART IV ARREST, INVESTIGATION AND SEIZURE-17. Search of person.

(1) A senior police officer may search, or cause to be searched, any person whom he has reason to believe has on his person any property liable to seizure or forfeiture under this Act, or any article whatsoever necessary for the purpose of any investigation under this Act, and for the purpose of such search may detain such person for such period as may be necessary to have the search carried out, which shall not in any case exceed twenty-four hours without the authorization of a Magistrate, and may remove him in custody to such place as may be necessary to facilitate such search.

(2) A search of a person under this section or under section 16 may extend to a medical examination of his body, both externally and internally, by a medical officer.

(3) No female person shall be searched under this section or under section 16 except by another female.

18 PART IV ARREST, INVESTIGATION AND SEIZURE-18. Obstruction of inspection and search.

Any person who:

(a) refuses any officer authorized to enter or search, access to any premises, or fails to submit to search by a person authorized to search him;

(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;

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

(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;

(e) fails to produce or conceals or attempts to conceal any property, document, or books in relation to which there is reasonable ground for suspecting that an offence has been or is being committed under this Act, or which is liable to seizure under this Act;

19 PART IV ARREST, INVESTIGATION AND SEIZURE-19. Indemnity.

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

(2) If the amount of compensation in respect of any damage so caused is not agreed upon between the Government and the claimant, it shall upon application by the Public Prosecutor or the person claiming the compensation be summarily ascertained and determined by a Court of a First Class Magistrate.

20 PART IV ARREST, INVESTIGATION AND SEIZURE-20. Power to intercept communication.

(1) Notwithstanding the provisions of any other written law, whether enacted before or after the commencement of this Act, the Public Prosecutor, if he considers that it is likely to contain any information which is likely to be relevant for the purpose of any investigation into an offence under section 3, 4, or 24(7), or any corresponding foreign law, or for the purpose of any proceedings under Part III, or for any other purpose under this Act, may, on the application of a police officer not below the rank of Superintendent of Police authorize any police officer:

(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 any telecommunication.

(2) When any person is charged with an offence under section 3

21 PART IV ARREST, INVESTIGATION AND SEIZURE-21. Special powers of investigation.

(1) Notwithstanding the provisions of any other written law, whether enacted before or after the commencement of this Act, the Public Prosecutor, if satisfied that it is necessary for the purpose of any investigation into an offence under section 3, 4, or subsection 24(7), or any corresponding foreign law, or for the purpose of any proceedings under Part III, or for any other purpose under this Act, may by order in writing authorize any senior police officer named in the order to make an investigation in the matter in such manner or mode as may be specified in the order.

(2) Without prejudice to the generality of subsection (1), the order may authorize the investigation, inspection, and taking of copies, of any banker's book or bank account, or any share account or purchase account, expense account or any other account, or the inspection of any safe deposit box, in any bank, financial institution, company, firm, association, society, or other b

22 PART IV ARREST, INVESTIGATION AND SEIZURE-22. Public Prosecutor's powers to obtain information.

(1) Notwithstanding the provisions of any other written law, whether enacted before or after the commencement of this Act, for the purpose of any investigation into, or any proceedings relating to, an offence under section 3, 4 or 24(7), or any corresponding foreign law suspected to have been committed by any person, or for the purpose of any proceedings under Part III against any person, the Public Prosecutor may, by written notice:

(a) require any such person to furnish a sworn statement in writing:

(i) identifying each item of movable or immovable property, whether within or outside Malaysia, belonging to or possessed by such person, or by his relatives or associates, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, inheritance, or otherwise howsoever;

(ii) identifying each prop

23 PART IV ARREST, INVESTIGATION AND SEIZURE-23. Public Prosecutor's powers to request information from certain officers.

(1) Notwithstanding anything contained in any other written law, whether enacted before or after the commencement of this Act, the Public Prosecutor shall have power to require any public officer within such time as he may specify to furnish such information in relation to any person, question or matter as in the opinion of the Public Prosecutor will be useful for, or relevant to, the purposes of this Act, and such public officer shall be legally bound to furnish the same to the Public Prosecutor within the specified time.

(2) Where any public officer furnishes any information under subsection (1) he shall not on such account be liable to any prosecution for any offence under or by virtue of any law, or to any proceeding or claim in any form or of any description by any person under or by virtue of any law, or under or by virtue of any contract, agreement or arrangement, whether express or implied, or otherwise howsoever.

24 PART IV ARREST, INVESTIGATION AND SEIZURE-24. Order by Public Prosecutor in relation to a person intended to be proceeded against under section 8, or intended to be or being prosecuted for certain offences.

(1) Where the Public Prosecutor:

(a) intends to make an application to the High Court under section 8 against any person;

(b) intends to institute against any person any prosecution for an offence under section 3 or 4, or for an offence referred to in Item 1, 2, 3 or 4 of the First Schedule; or

(c) has already instituted against any person any prosecution for an offence as mentioned in paragraph (b) and proceedings in respect of such prosecution are pending,

the Public Prosecutor may, by order published in the Gazette, name or describe such person and require the person so named or described to comply with such provisions as may be set out in the order.

(2) For the purpose of paragraph (c) of subsection (1), proceedings in respect of a prosecution shall be regarded as pending where the decision of the court of original jurisdiction i

25 PART IV ARREST, INVESTIGATION AND SEIZURE-25. Seizure of movable property.

(1) Any movable property which a senior police officer reasonably suspects to be the subject matter of an offence under this Act, or which has been used for the commission of that offence, or illegal property, shall be liable to seizure.

(2) Whenever any movable property is seized under subsection (1), the officer effecting the seizure shall as soon as practicable serve a notice in writing of such seizure and the grounds thereof on the owner of such property, if such owner and his whereabouts are known:

Provided that such notice shall not be required to be served where such seizure is made in the presence of the person against whom proceedings under Part III are intended to be taken, or in the presence of the owner of such property or his agent, or in the case of a ship or an aircraft, in the presence of the master or pilot, as the case may be.

(3) Subsection (1) shall not apply to any ship of more than one hundred tons burden,

26 PART IV ARREST, INVESTIGATION AND SEIZURE-26. Further provisions relating to seizure of movable property.

(1) Where any movable property is seized under this Act, the seizure shall be effected by removing the movable property from the possession of the person from whom it is seized and placing it under the custody of such person or authority and at such place as a senior police officer may determine:

Provided that where it is not practicable, or it is otherwise not desirable, to effect removal of such property he may leave it at the premises in which it is seized under the custody of such person as he may detail for the purpose.

(2) Notwithstanding subsection (1), when any movable property, including any movable property referred to in subsection (4), has been seized under this Act, a senior police officer superior in rank to the senior police officer who effected the seizure may at his discretion:

(a) temporarily return the movable property to the owner thereof or to the person from whose possession, custody o

27 PART IV ARREST, INVESTIGATION AND SEIZURE-27. Special provision relating to seizure of a business.

(1) Where a designated police officer reasonably suspects that any business:

(a) is being carried on by or on behalf of any person against whom prosecution for an offence under section 3, 4, or 24(7) of this Act or any proceeding under Part III is intended to be commenced;

(b) is being carried on by or on behalf of a relative or an associate of such person;

(c) is a business in which such person, or a relative or associate of his has an interest which amounts to or carries a right to not less than thirty per centum of the entire business;

(d) is a business over which such person, his relative or associate has management or effective control, either individually or together,

such designated police officer may do any or all of the following things:

(aa) seize the business in the manner provided under this Part;

28 PART IV ARREST, INVESTIGATION AND SEIZURE-28. Seizure of immovable property.

(1) Where a police officer of or above the rank of Assistant Superintendent of Police reasonably suspects any immovable property to be the subject matter of an offence under this Act, or illegal property, it shall be liable to seizure, and such seizure shall be effected:

(a) by the issue of a Notice of Seizure by a police officer of or above the rank of Assistant Superintendent of Police setting out therein the particulars of the immovable property which is seized insofar as such particulars are within his knowledge, and prohibiting all dealings in such immovable property;

(b) by posting, where practicable, a copy of such Notice in a conspicuous position on the immovable property; and

(c) by serving a copy of such Notice on the Land Administrator or the Registrar of Titles, as the case may be, in West Malaysia, or on the Registrar of Titles or Collector of Land Revenue, as the case may be,

29 PART IV ARREST, INVESTIGATION AND SEIZURE-29. Dealings with seized property after seizure to be void.

(1) After seizure of any property has been effected under this Act, and so long as such seizure remains in force, any dealing, contract, or other thing whatsoever, effected, done, or entered into by any person or between any persons in respect of such property, except any dealing effected under this Act or by virtue of this Act by a public officer in his capacity as such officer, or otherwise by or on behalf of the Government of Malaysia, or the Government of a State, or a local authority, or other statutory body, shall be null and void, and shall not be registered or otherwise howsoever given effect to by any person or authority.

(2) Subsection (1) shall be in addition to and not in derogation of subsections 28(3) and (4).

(3) For so long as a seizure of any property under this Act remains in force, no action, suit or other proceeding of a civil nature shall be instituted, or if it is pending immediately before such seizure, be maintai

30 PART IV ARREST, INVESTIGATION AND SEIZURE-30. Validity of seizure, or sale in consequence thereof, not to be affected by certain objections.

Where seizure of any property has been effected under this Act, the validity of such seizure, or of any sale or other form of disposal of such property, or of any destruction thereof in accordance with the provisions of this Act, in consequence of such seizure, shall not be affected by any objection thereto relating to the manner in which the seizure or sale was effected, or the place at which it was effected, or the person from whom it was effected, or the person to whom any notice of the seizure or sale was given, or omitted to be given, or any failure to conform to any procedural provision of this Act or of any other written law in effecting the seizure or sale.

31 PART IV ARREST, INVESTIGATION AND SEIZURE-31. Release of property seized.

(1) Where property has been seized under this Act, a designated police officer other than the police officer who effected the seizure, may at any time thereafter before it is forfeited under this Act release such property to such person as he determines to be lawfully entitled to the property if he is satisfied that such property is not liable to forfeiture under this Act or under the Dangerous Drugs Act 1952, and is not otherwise required for the purpose of any proceedings under this Act, or for the purpose of any prosecution under any other law, and in such event neither the officer effecting the seizure, nor the Government, nor any person acting on behalf of the Government, shall be liable to any proceedings by any person if the seizure thereof and the release thereof had been effected in good faith.

(2) A record in writing shall be made by the officer effecting any release of any property under subsection (1) in respect of such release spec

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Legal Commentary on Dangerous Drugs (Forfeiture of Property) Act 1988 - Section 31

Introduction

The Dangerous Drugs (Forfeiture of Property) Act 1988 is a Malaysian legislative framework aimed at addressing drug-related offences, particularly concerning the seizure and forfeiture of property linked to such activities. Section 31 specifically outlines the procedures and implications of property seizure under this Act.

What does Section 31 Say

Section 31 of the Dangerous Drugs (Forfeiture of Property) Act 1988 provides for the release of property that has been seized under the Act. It stipulates that a designated police officer may release the property if certain conditions are met, including the absence of a pending investigation or legal proceedings related to the seized property.

Essential Ingredients

• Seizure of Property: The property must have been seized under the provisions of the Act.
• Designated Officer: A designated police officer is responsible for the release of the seized property.
• Conditions for Release: The release is contingent upon the absence of ongoing investigations or legal proceedings.

Scope of Section

The scope of Section 31 encompasses:- The authority of police officers to manage seized property.- The conditions under which property can be returned to its owner.- The legal framework governing the forfeiture process, ensuring due process is followed.

Punishment for Section

While Section 31 itself does not prescribe punishment, it operates within a broader context where individuals found guilty of drug-related offences may face severe penalties, including imprisonment ranging from a minimum of 5 years to a maximum of 20 years, depending on the severity of the offence.

Legal Comments

• Seizure Authority - Section 31 empowers designated police officers to manage seized properties, ensuring law enforcement has the necessary tools to combat drug-related crimes. [Dangerous Drugs (Forfeiture of Property) Act 1988 - CommonLII]
• Due Process - The provision for the release of property under specific conditions reflects a commitment to due process, preventing arbitrary deprivation of property. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Legal Clarity - The Act provides clear guidelines on the procedures for property seizure and release, which is crucial for legal certainty in drug-related cases. [Forfeiture of Property under the Dangerous Drugs - Thomas Philip]
• Impact on Drug Offenders - The Act aims to deter drug-related offences by depriving offenders of property linked to their illegal activities. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Timeframe for Forfeiture - If property is not claimed within three months of seizure, it automatically becomes forfeited, emphasizing the urgency in addressing drug-related properties. [Dangerous Drugs (Forfeiture of Property) Act 1988 - CommonLII]
• Connection to Criminal Activity - The Act underscores the link between property and drug offences, reinforcing the notion that property can be a tool for crime. [Forfeiture of Property under the Dangerous Drugs - Thomas Philip]
• Judicial Oversight - The requirement for investigations or legal proceedings before property release ensures judicial oversight in the forfeiture process. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Public Policy Objective - The Act serves a public policy objective by aiming to disrupt the financial incentives associated with drug trafficking. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Legal Framework - Section 31 operates within a broader legal framework that includes various drug-related laws, ensuring comprehensive coverage of drug offences. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Potential for Abuse - There is a risk of abuse in the seizure process, necessitating strict adherence to the conditions outlined in Section 31 to protect property rights. [Forfeiture of Property under the Dangerous Drugs - Thomas Philip]
• Enforcement Challenges - The practical enforcement of Section 31 may face challenges, particularly in ensuring timely investigations and legal proceedings. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Interplay with Other Laws - The Act interacts with other legislation concerning drug control, creating a complex legal landscape for enforcement agencies. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Public Awareness - Increased public awareness of the provisions of the Act may enhance compliance and deter potential offenders. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Legal Recourse - Individuals whose property has been seized have the right to seek legal recourse, ensuring a balance between law enforcement and individual rights. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Effectiveness of Forfeiture - The effectiveness of property forfeiture as a deterrent to drug offences remains a subject of ongoing legal and social debate. [Forfeiture of Property under the Dangerous Drugs - Thomas Philip]
• Legislative Intent - The legislative intent behind Section 31 is to create a robust mechanism for addressing the financial aspects of drug trafficking. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]
• Future Amendments - Potential future amendments to the Act may address emerging challenges in drug enforcement and property rights. [Dangerous Drugs (Forfeiture of Property) Act 1988 - Wikipedia]

32 PART IV ARREST, INVESTIGATION AND SEIZURE-32. Forfeiture of property seized under this Act where there is no prosecution, or no proceedings under Part III or no claim thereto.

(1) Where any property has been seized under this Act, other than under or by virtue of Part VII, and:

(a) no prosecution for any offence under any law is instituted with regard to such property;

(b) no proceedings are commenced by the Public Prosecutor for the forfeiture of such property under Part III; and

(c) no claim in writing is made by any person that he is lawfully entitled to such property and that it is not liable to forfeiture under this Act or under the Dangerous Drugs Act 1952, within three months from the date of its seizure, the property shall become forfeited immediately upon the expiration of the said period of three months.

(2) Where within three months from the date of the seizure of any property under this Act, a claim in writing is made thereto by any person in the terms mentioned in paragraph (1) (c) , the Public Prosecutor shall within fo

33 PART V FORFEITURE-33. Vesting of forfeited property in the Government.

(1) Where any property is forfeited under this Act, the property shall vest in the Government free from any right, interest or encumbrance of any person except a right, interest or encumbrance which is held by a purchaser in good faith for valuable consideration and which is not otherwise null and void under any provision of this Act.

(2) Where any person who holds any encumbrance to which the property is subject claims that he holds the encumbrance as a purchaser in good faith for valuable consideration and that the encumbrance is not otherwise null and void under any provision of this Act, and the Government disputes such claim, the Public Prosecutor may apply to the High Court to determine the question and the Court shall determine the same after giving an opportunity to be heard to the person holding the encumbrance and hearing the reply of the Public Prosecutor to any representations which may be made before that Court by the person holdin

34 PART VI EVIDENCE AND PROCEDURE-34. Construction and interpretation of this Act.

In any proceedings under this Act the provisions of this Act shall be construed and interpreted so as to give effect to the purposes of this Act without regard for ambiguities, or infirmities of language, or other defects or deficiencies therein, or to objections which are trivial in nature or which do not affect the merits or the substance of the issues before the court.

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35 PART VI EVIDENCE AND PROCEDURE-35. Presumption as to liable person and illegal property.

Where any proceedings under this Act are brought against any person or in respect of any property on the ground that such person is a liable person or that such property is illegal property, the court shall presume that person to be a liable person and that property to be illegal property, unless the person proceeded against proves to the contrary by admissible evidence and where he adduces any such evidence, the Public Prosecutor shall have the right to rebut the same.

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36 PART VI EVIDENCE AND PROCEDURE-36. Admissibility of documentary and other evidence obtained by the Public Prosecutor in exercise of any power under this Act.

Where the Public Prosecutor or any senior police officer has obtained any document or other evidence in exercise of his powers under this Act or by virtue of this Act, such document or copy of the document or other evidence, as the case may be, shall be admissible in evidence in any proceedings under this Act, notwithstanding anything to the contrary in any written law.

37 PART VI EVIDENCE AND PROCEDURE-37. Examination of offenders.

(1) Whenever two or more persons are charged with an offence under this Act, the court may require one or more of them to give evidence as a witness or witnesses for the prosecution.

(2) Any person referred to in subsection (1) who refuses to be sworn or to answer any question shall be dealt with in the same manner as witnesses so refusing may be dealt with by a court.

(3) Every person required to give evidence under subsection (1), who in the opinion of the court makes true and full discovery of all things as to which he is examined, shall be entitled to receive a certificate of indemnity under the hand of the presiding officer of the court stating that he has made a true and full discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.

(4) Nothing contained in this section shall be construed as prohibiting the Publi

38 PART VI EVIDENCE AND PROCEDURE-38. Protection of informers.

(1) No witness in any proceedings under this Act shall be obliged:

(a) to disclose the name and address of any informer who has given information with respect to an offence under this Act, or any Scheduled offence, or with respect to any matter relating to or leading to any proceedings under Part III, or with respect to any matter relating to or leading to the detention of any person under the provisions of the Emergency (Public Order and Prevention of Crime) Ordinance 1969, or the Dangerous Drugs (Special Preventive Measures) Act 1985; or

(b) to answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name or address of such informer.

(2) If any book, document or paper which is in evidence or liable to inspection in any proceedings under this Act or the Dangerous Drugs Act 1952 contains an entry in which any informer is named or described o

39 PART VI EVIDENCE AND PROCEDURE-39. Evidence of agent provocateur admissible.

(1) Notwithstanding any rule of law, or the provisions of this Act, or any other written law, whether enacted before or after the commencement of this Act, to the contrary, no agent provocateur shall be presumed to be unworthy of credit by reason only of his having attempted to commit, or attempted to abet or abetted the commission of, or having been engaged in a criminal conspiracy to commit, an offence by any person under this Act or under the Dangerous Drugs Act 1952 or under any corresponding foreign law if the attempt to commit or abet, or the abetment, or the criminal conspiracy was for the sole purpose of securing evidence against such person in relation to any offence under this Act, or in relation to any proceedings under Part III.

(2) Notwithstanding any rule of law, or the provisions of this Act, or any other written law, whether enacted before or after the commencement of this Act, to the contrary, and notwithstanding that the agent

40 PART VI EVIDENCE AND PROCEDURE-40. Notice or order not to be invalid for error in description.

(1) No notice, notification or other process, issued, served or published, and no order, decision or judgment made, given, issued, served or published, under this Act shall be deemed to be invalid by reason of any error or omission in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned.

(2) Without prejudice to subsection (1), where any order has been made, or a decision or judgment given, by any court in any proceedings under this Act, any error or omission in the order, decision or judgment relating to any description of any property or person may at any time be rectified by the court on its own motion or on the application of any party or any person affected by the order, decision or judgment.

41 PART VI EVIDENCE AND PROCEDURE-41. Power of a police officer under other laws relating to criminal procedure.

(1) The provisions of this Act in so far as they relate to the powers of a police officer shall be in addition to the powers of a police officer under any other law relating to criminal procedure and not in derogation thereof, but in the event of inconsistency or conflict between the provisions of this Act and those of such other law, the provisions hereunder shall prevail.

(2) Subject to subsection (1), the provisions of the Criminal Procedure Code relating to the powers of a police officer in relation to seizable offences shall apply in relation to matters under Part III in the same manner as they apply to seizable offences.

42 PART VII ASSISTANCE TO A FOREIGN COUNTRY-42. Interpretation.

In this Part, unless the context otherwise requires:

  "drug-related matter"  means any investigation, inquiry, trial, or other proceeding in any foreign country under any law relating directly or indirectly to dangerous drugs or to any property used for or derived from any activity relating to dangerous drugs, whether the same be for an offence under such law, or for the forfeiture of property under such law;

  "foreign authority"  means any person designated by a foreign government as an authority competent to act on behalf of the foreign government for the purposes of this Act;

  "foreign country"  means any country, territory or place outside Malaysia;

  "foreign government"  means the government of a foreign country;

43 PART VII ASSISTANCE TO A FOREIGN COUNTRY-43. Request for assistance and authority to render same.

Where a foreign government requests the Government of Malaysia, or where a foreign authority requests the Malaysian authority, for assistance in Malaysia in relation to any drug-related matter in the foreign country, it shall be lawful for the Malaysian authority on the direction of the Government or at his own instance to render or cause to be rendered all or any such assistance as is requested to the extent and in the manner authorized under this Part.

44 PART VII ASSISTANCE TO A FOREIGN COUNTRY-44. Information and particulars in relation to persons, bodies, etc.

A senior police officer may, on the direction of the Malaysian authority, obtain or ascertain all such particulars or information in respect of any person, body, business, enterprise or place, including copies of documents or official records of any department of the Government or any statutory body, or any agency of the Government, or any extracts from any such documents or official records, as may be available to him, or as are capable of being lawfully obtained or ascertained by him, or as may be voluntarily furnished.

45 PART VII ASSISTANCE TO A FOREIGN COUNTRY-45. Service of processes or documents.

A senior police officer may, on the direction of the Malaysian authority, cause to be served by any police officer on any person or body in Malaysia any process or document whatsoever issued by any person, authority or court in any foreign country, but while non-compliance with any requirement contained in such process or document shall not render the person or body which is required to comply with the same to any penalty or liability in Malaysia under any Malaysian law, it shall render him or it liable to every such penalty or detriment as may be provided under the law of the foreign country concerned, including liability to the seizure or forfeiture of any property in Malaysia on the order of the authority or court of the foreign country empowered to make such order.

46 PART VII ASSISTANCE TO A FOREIGN COUNTRY-46. Transmission of copies of statements, or records, or results of investigation in Malaysia.

(1) The Malaysian authority may obtain and transmit, or cause to be obtained and transmitted, to the foreign government or foreign authority a copy of the record of any investigation in Malaysia by any person or authority competent to investigate the same, including any copy of:

(a) any report or any statement recorded from any witness, accused or other person;

(b) any document received or seized; or

(c) any conclusion or finding of any investigation,

in relation to any offence under this Act or under any written law, or in relation to any proceeding under Part III.

(2) Copies of records of investigation may be transmitted under subsection (1), whether or not investigations have been completed and whether or not such investigations have resulted in a trial for an offence under this Act or the institution of a proceeding under Part III of this Act, and whatever

47 PART VII ASSISTANCE TO A FOREIGN COUNTRY-47. Examination of witness by a police officer.

(1) A senior police officer may, on the direction of the Malaysian authority, order in writing or orally any person who is specified by the foreign government or foreign authority, or any other person who is reasonably suspected to have any relevant knowledge or information, to attend before him or any other senior police officer to be examined in respect of the drug-related matter specified by the foreign government or foreign authority.

(2) A person to whom an order has been given under subsection (1) shall attend in accordance with the terms of the order to be examined and shall continue to so attend from day to day as directed by the police officer conducting the examination until the examination is completed.

(3) A person undergoing an examination under this section shall disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him, in respect of the matter in re

48 PART VII ASSISTANCE TO A FOREIGN COUNTRY-48. Examination of witness by a Magistrate.

(1) A Magistrate of any Class at any place in Malaysia may examine on oath or affirmation any person specified by any foreign government or foreign authority who is present at any place in Malaysia, whether or not such place is within the area of jurisdiction of the Magistrate, where such person appears before the Magistrate on an order given by any senior police officer on a direction by the Malaysian authority, or an order given by a Deputy Public Prosecutor, in consequence of any request received from the Malaysian authority.

(2) The examination under subsection (1) shall be in relation to such drug-related matter as may be specified by the foreign government or the foreign authority, and the person shall answer all questions put to him by the senior police officer, or the Deputy Public Prosecutor, either at his own instance or in accordance with any written interrogatories received from the foreign government or the foreign authority.

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49 PART VII ASSISTANCE TO A FOREIGN COUNTRY-49. Search of person or premises.

(1) A senior police officer may, on the direction of the Malaysian authority, search or cause to be searched:

(a) any person or premises specified by the foreign government or foreign authority in a request under section 43;

(b) any person who, or any premises which, is suspected by the senior police officer to be necessary or expedient to be searched in relation to such request.

(2) For the purposes of any search under subsection (1), a senior police officer shall have and may exercise all or any of the powers exercisable by a senior police officer under sections 16 and 17 as if the circumstances specified in these sections for their exercise existed and sections 18 and 19 shall accordingly apply in relation to any search under subsection (1).

50 PART VII ASSISTANCE TO A FOREIGN COUNTRY-50. Seizure and transmission of property or article.

(1) A senior police officer may, on the direction of the Malaysian authority seize any property, or article, the seizure of which is requested by a foreign government or a foreign authority under section 43:

(a) on the ground that the property is liable to forfeiture under the law of the foreign country; or

(b) on the ground that the property or article is required by the foreign government or foreign authority for the purpose of any drug-related matter either as evidence or otherwise howsoever.

(2) Where any movable property, or article is seized under subsection (1), the Malaysian authority may transmit the same to the foreign government or the foreign authority on an undertaking by the foreign government to the Malaysian Government that the same shall be returned to the Malaysian authority upon the final conclusion of all proceedings in the foreign country in the drug-related matte

51 PART VII ASSISTANCE TO A FOREIGN COUNTRY-51. Interception of communication.

Where the Malaysian authority is satisfied that for the purpose of rendering any assistance to a foreign authority in relation to any drug-related matter, it is necessary, expedient or desirable for a senior police officer to exercise the powers under section 20 for the interception of any communication, he may authorize a senior police officer to exercise the same in the manner in which a senior police officer is empowered to exercise them in relation to any offence or in relation to any proceedings for the forfeiture of property under this Act.

52 PART VII ASSISTANCE TO A FOREIGN COUNTRY-52. Exercise of powers of investigation by the Public Prosecutor.

Where, upon being informed by the Malaysian authority of any request for assistance by a foreign country or a foreign authority under section 43, the Public Prosecutor is satisfied that it is necessary, expedient or desirable for him to exercise his powers under section 22, 23 or 24, he may exercise the same in the same manner and to the same extent as he may exercise them in relation to the matters specified under those sections respectively.

53 PART VII ASSISTANCE TO A FOREIGN COUNTRY-53. Manner or mode of transmission of information, statements, evidence, movable property, etc, to foreign government or foreign authority.

Where any information, statement or evidence has been obtained in Malaysia under this Part, or any movable property, or article has been seized in Malaysia under this Part, the same shall, if it is directed by the Malaysian authority to be transmitted to the foreign government or foreign authority, be transmitted to it in such manner or mode as the Malaysian authority may direct, or if there is no such direction, in such manner or mode as the authority or officer who obtained or seized the same, or who is otherwise responsible for its transmission, deems appropriate.

54 PART VII ASSISTANCE TO A FOREIGN COUNTRY-54. Transfer of a person in custody in Malaysia into the custody of an authority in a foreign country.

(1) Where upon request by a foreign government or a foreign authority under section 43 for the production before any authority or court in the foreign country as a witness for the prosecution in any proceedings before such authority or court, of any person who is undergoing imprisonment in Malaysia, or is under preventive detention in Malaysia under any law relating to preventive detention, or is otherwise in lawful custody in Malaysia, the Malaysian authority may issue an order for the transfer of such person into the custody of such officer or officers of the foreign country as may be designated by the foreign government or foreign authority for the purpose of transporting such person from Malaysia to the foreign country and, thereafter, to be detained in that country under the custody of such authority or person as may be lawful in that country and produced from time to time under custody before the authority or court in the foreign country in which

55 PART VII ASSISTANCE TO A FOREIGN COUNTRY-55. Payment by a foreign government to the Malaysian Government under this Part.

The Government of Malaysia and any foreign government may enter into any arrangement in respect of the payment by the foreign government to the Government of Malaysia of any expenses incurred by the Government of Malaysia under this Part.

56 PART VIII GENERAL-56. Attempts, abetments and criminal conspiracies punishable as offences.

(1) Any person who:

(a) attempts to commit any offence under this Act or under any corresponding foreign law;

(b) does any act preparatory to or in furtherance of the commission of any offence under this Act or under any corresponding foreign law;

(c) abets or is engaged in a criminal conspiracy to commit (as those terms are defined in the Penal Code) any offence under this Act or under any corresponding foreign law whether or not the offence is committed in consequence thereof,

shall be guilty of such offence and be liable to the punishment provided for such offence.

(2) Any provision of this Act which contains a reference to an offence under any specific provision of this Act shall be read as including a reference to an offence under subsection (1) in relation to the offence under that specific provision.

57 PART VIII GENERAL-57. 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 section 3, 4, or subsection 24(7).

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

58 PART VIII GENERAL-58. Offences by bodies corporate or unincorporate and by servants and agents.

(1) Where an offence under this Act has been committed by a body, whether corporate or unincorporate, whether in or outside Malaysia, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body, or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of such body or was assisting in such management shall be guilty of that offence.

(2) Where any person (hereinafter referred to as the "principal") would be liable under this Act to any punishment, penalty or forfeiture for any act, omission, neglect or default he shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default of any clerk, servant or agent, of his, or of the clerk or servant of such agent:

Provided that such act, omission, neglect or default was committed by the principal's clerk or

59 PART VIII GENERAL-59. Service of any notice or order.

(1) Any notice or order issued or made under this Act shall, where it is required to be served on a natural person, be served:

(a) by delivering it personally to the person for whom it is intended;

(b) by delivering it to an adult person at the last known place of residence, occupation or business of the person for whom it is intended;

(c) by sending it by registered post to the person for whom it is intended; or

(d) if a designated police officer is satisfied for reasons to be recorded by him in writing that the notice or order cannot be served in the manner provided in paragraph (a) , (b) , or (c) , by:

(i) affixing it on a conspicuous place in the immovable property, if any, in relation to which the notice or order is issued or made, or on some conspicuous part of the premises in which the person for whom it is intended is kn

60 PART VIII GENERAL-60. 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 ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

61 PART VIII GENERAL-61. Rewards.

The Inspector-General of Police may order such rewards as he may deem fit to be paid to any police officer or other public officer or other person for services rendered in connection with the detection of any offence under this Act, or in relation to any proceeding under Part III, or in connection with any seizure made under this Act.

62 PART VIII GENERAL-62. Regulations.

The Minister may make regulations for the further, better and more convenient carrying out of the provisions or purposes of this Act and without prejudice to the generality of this provision, the Minister may make regulations:

(a) for providing forms in respect of any notice or order or other proceedings under this Act;

(b) for prescribing anything required to be prescribed under this Act.

63 PART VIII GENERAL-63. Extradition.

An offence under section 3 or 4 shall be deemed to be:

(a) an extradition crime for the purposes of the *Extradition Ordinance 1958 [Ord. 2 of 1958] ; or

(b) an extradition offence for the purposes of the **Commonwealth Fugitive Criminals Act 1967 [Act 54 of 1967] :

Provided that any proceeding against any person under section 3 or 4 which would be a bar to subsequent proceeding against the person for the same offence shall be a bar to further proceedings against him under the Extradition Ordinance 1958 or the Commonwealth Fugitive Criminals Act 1967.