LAWS OF MALAYSIA
REPRINT
Act 234
DANGEROUS DRUGS ACT 1952
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
ACT 234
Laws of Malaysia
DANGEROUS DRUGS ACT 1952
First enacted
... ... ... ... ... ... 1952 (Ordinance No. 30
of 1952)
Revised
... ... ... ... ... ... ...
1980 (Act 234 w.e.f
17 July 1980)
PREVIOUS REPRINT
First Reprint
...
...
...
...
...
2000
Dangerous Drugs
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LAWS OF MALAYSIA
Act 234
DANGEROUS DRUGS ACT 1952
ARRANGEMENT OF SECTIONS
Section
1.
Short title
PART I
INTERPRETATION AND DEFINITIONS
2.
Interpretation
3.
Appointment of Drug Enforcement Officers
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
5.
Restriction on exportation of raw opium, coca leaves, poppy-straw and
cannabis
6.
Restriction on possession of raw opium, coca leaves, poppy-straw and
cannabis
6A. (Deleted)
6B. Restriction on planting or cultivation of certain plants
7.
Power to regulate the production of and dealing in raw opium, coca
leaves, poppy-straw and cannabis
PART III
CONTROL OF PREPARED OPIUM, CANNABIS
AND CANNABIS RESIN
8.
Application to cannabis and cannabis resin
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Section
9.
Possession, etc., of prepared opium
10.
Use of premises, possession of utensils and consumption of opium
PART IV
CONTROL OF CERTAIN DANGEROUS DRUGS
11.
Extent of application of Part IV
12.
Restriction on import and export of certain dangerous drugs
13.
Keeping or using premises for unlawful administration
14.
Administration to others
15.
Self administration
16.
Control of manufacture and sale 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
PART V
CONTROL OF EXTERNAL TRADE
18.
Interpretation
19.
Export of dangerous drugs
20.
Import of dangerous drugs
21.
Dangerous drugs in transit
22.
Removal licences in transit
23.
Drugs not to be tampered with
24.
The diversion of dangerous drugs in transit
25.
Exemption of preparation in the possession of travellers
PART VA
25A­25P. (Deleted)
PART VI
ANCILLARY AND GENERAL PROVISIONS
26.
Interpretation
27.
Powers of inspection and seizure
27A. Power to intercept communication
28.
Obstruction of inspection or search
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Section
29.
Indemnity
30.
Seizure and forfeiture of drugs, etc.
30A. Things seized may be delivered to the owner or other person
31.
Power of arrest and seizure
31A. Examination of arrested person by a medical officer
31B. Procedure where investigation cannot be completed within twenty-
four hours by an officer of customs
32.
False declaration
33.
Abetments and attempts punishable as offences
34.
Abetting or procuring the commission of an offence abroad
35.
Liability of officers of a company and employers and servants
36.
Burden of proof
37.
Presumptions
37A. Admission of statements in evidence
37B. (Deleted)
38.
Ship or aircraft used for unlawful import or export
38A. Powers of the Court in respect of drug dependants below the age of
eighteen
38B. Powers of the Court in respect of persons found guilty under
section 15
39.
General penalty
39A. Increased penalty where the subject matter is the prescribed amount
of certain dangerous drugs
39B. Trafficking in dangerous drugs
39C. Increased penalty where person has prior admissions or convictions
40.
Protection of informers
40A. Evidence of agent provocateur admissible
41.
Jurisdiction
41A. Special provisions relating to transmission of a case to, and trial by,
the High Court
41B. No bail to be granted in respect of certain offences
42.
Power to conduct prosecutions
42A. Rewards
43.
Licences, permits, etc., may be subject to conditions
44.
Power of Minister to delegate powers and functions
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Section
45.
Power of Minister to exempt certain drugs and institutions from certain
provisions of the Act
45A. Power of the Minister to vary First Schedule
46.
Act not to derogate from other statutory or other legal provisions and
powers
47.
Regulations
48.
Drug Enforcement officers to be deemed public servants
49.
Action of officers no offence
50.
Repeal
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
Dangerous Drugs
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LAWS OF MALAYSIA
Act 234
DANGEROUS DRUGS ACT 1952
An Act to make further and better provision for the regulating of
the importation, exportation, manufacture, sale, and use of opium
and of certain other dangerous drugs and substances, to make
special provision relating to the jurisdiction of courts in respect
of offences thereunder and their trial, and for purposes connected
therewith.
[Peninsular Malaysia--1 November 1952,
L.N. 554/1952;
Sabah and Sarawak--1 June 1978,
P.U. (A) 157/1978]
Short title
1. This Act may be cited as the Dangerous Drugs Act 1952.
PART I
INTERPRETATION AND DEFINITIONS
Interpretation
2. 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;
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"Commission" means the Commission on Narcotic Drugs of the
Economic and Social Council of the United Nations;
"conveyance" includes ship, train, vehicle, aircraft, or any other
means of transport by which persons or goods can be carried;
"corresponding law" means any law stated in a certificate
purporting to be issued by or on behalf of the Government of any
country or territory to be a law providing for the control and
regulation in that country or territory of the manufacture, sale, use,
export, and import of drugs and substances in accordance with the
Geneva Convention (No. 1) or of the Geneva Convention (No. 2)
or of the Hague Convention or of the Protocol or of the Single
Convention and any statement in any such certificate (or in any
official copy thereof) as to the effect of the law mentioned in the
certificate (or in any official copy thereof), or any statement in any
such certificate (or in any official copy thereof) that any facts
constitute an offence against that law, shall be conclusive;
"dangerous drug" means any drug or substance which is for the
time being comprised in the First Schedule;
"Drug Enforcement Officer" means a Drug Enforcement Officer
appointed under section 3 of this Act;
"export", with its grammatical variations and cognate expressions,
in relation to Malaysia, means to take or cause to be taken out of
Malaysia by land, air or water, otherwise than in transit;
"Geneva Convention (No. 1)" means the Convention concluded
at the Second Opium Conference held at Geneva for the purpose
of completing and strengthening the Hague Convention and signed
at Geneva on 19 February 1925;
"Geneva Convention (No. 2)" means the Convention concluded
at a Conference held at Geneva for the purpose of supplementing
the Hague Convention and the Geneva Convention (No. 1) and
signed at Geneva on 13 July 1931;
"Hague Convention" means the International Opium Convention
signed at the Hague on 23 January 1912;
"import", with its grammatical variations and cognate expressions,
in relation to Malaysia, means to bring, or to cause to be brought
into Malaysia by land, air or water, otherwise than in transit;
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9
"in transit" means taken or sent from any country and brought
into Malaysia by land, air or water (whether or not landed or
transhipped in Malaysia) for the sole purpose of being carried to
another country either by the same or another conveyance;
"licensed pharmacist" means a registered pharmacist who is the
holder of a Type A Licence issued under the Poisons Act 1952
[Act 366];
"manufacture", in relation to a dangerous drug, includes--
(a) the making, producing, compounding and assembling of
the drug;
(b) the making, producing, compounding and assembling a
preparation of the drug;
(c) the refining or transformation of the drug into another
dangerous drug; and
(d) any process done in the course of the foregoing activities;
"medicinal opium" means raw opium which has undergone the
processes necessary to adapt it for medicinal use in accordance
with the requirements of the British Pharmacopoeia, whether in
powder form or granulated or otherwise, or mixed with neutral
materials;
"Minister" means the Minister charged with the responsibility
for medical and health services;
"offence under this Act" includes an offence under any regulation
made under this Act;
"opium poppy" means any plant from which morphine may be
produced;
"Peninsular Malaysia" has the meaning assigned thereto in section
3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes
the *Federal Territory;
"poppy-straw" means all parts except the seeds of the opium
poppy, after mowing;
"premises" includes any house, shop, store, room, cubicle, shed,
conveyance, or any place whether open or enclosed;
*NOTE--Federal Territories of Kuala Lumpur and Labuan are included­see P.U. (A) 220/1985.
For Putrajaya see section 1 of Act A1095.
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"prepared opium" means the substance commonly called candu
and means opium prepared or re-prepared so as to be suitable for
smoking or consumption otherwise and includes dross and any
other residues remaining after such opium has been smoked;
"Protocol" means the Protocol on Narcotic Drugs signed at Lake
Success, New York, on 11 December 1946;
"raw opium" means the coagulated juice obtained from any
plant from which morphine may be produced, whatever its content
of morphine and in whatever form the coagulated juice is, but does
not include medicinal opium;
"registered dentist" means a dental practitioner as defined in
subsection 2(1) of the Dental Act 1971 [Act 51];
"registered dental surgeon" means a dental surgeon as defined
in subsection 2(1) of the Dental Act 1971;
"registered medical practitioner" means a medical practitioner
registered under the Medical Act 1971 [Act 50];
"registered pharmacist" means a pharmacist registered under
any written law relating to the registration of pharmacists, and
includes, in Sabah or Sarawak, a person holding a qualification
recognized by the Director of Medical Services in Sabah or Sarawak,
as the case may be, as a sufficient guarantee of the possession of
the requisite knowledge and skill for the efficient practice of the
profession of a pharmacist;
"ship" includes every description of ship, boat or craft used in
navigation, whether propelled by oars or otherwise, or used for the
carriage or storage of goods;
"Single Convention" means the Single Convention on Narcotic
Drugs signed at New York on 30 March 1961;
" s u b o r d i n a t e court" has the meaning assigned thereto in
section 3 of the Courts of Judicature Act 1964 [Act 91];
"syringe" means any instrument suitable for the administration
of hypodermic injections;
"trafficking" includes the doing of any of the following acts,
that is to say, manufacturing, importing, exporting, keeping,
concealing, buying, selling, giving, receiving, storing, administering,
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11
transporting, carrying, sending, delivering, procuring, supplying
or distributing any dangerous drug otherwise than under the authority
of this Act or the regulations made under the Act;
"veterinary surgeon" has the meaning assigned thereto in the
Veterinary Surgeons Act 1974 [Act 147];
"written law" has the meaning assigned thereto in the Interpretation
Acts 1948 and 1967.
Appointment of Drug Enforcement Officers
3.  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.
PART II
CONTROL OF RAW OPIUM, COCA LEAVES,
POPPY-STRAW AND CANNABIS
Restriction on importation of raw opium, coca leaves, poppy-
straw and cannabis
4. (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.
Restriction on exportation of raw opium, coca leaves, poppy-
straw and cannabis
5. (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.
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(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 or territory is so
prohibited or restricted, and any such authorizations issued before
the said prohibition or restriction came into force shall, if the
Minister so directs, be deemed to be subject to the like conditions.
(3) Any person who contravenes this section or of any condition
attached or applicable to any authorization under subsection (2)
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.
Restriction on possession of raw opium, coca leaves, poppy-
straw and cannabis
6.  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.
(Deleted by Act A553).
Restriction on planting or cultivation of certain plants
6B. (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;
*NOTE--Previously "fine not exceeding ten thousand ringgit or to imprisonment for a term not
exceeding five years or to both such fine and imprisonment"­see Dangerous Drugs (Amendment)
Act 1973 [Act A194].
**NOTE--Previously "ten thousand ringgit"­see Dangerous Drugs (Amendment) Act 1986
[Act A659].
Dangerous Drugs
13
(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
any plant, from which raw opium, coca leaves, poppy-straw or
cannabis may be obtained either directly or indirectly, in places
and on such terms and conditions as may be specified in such
authorization for research, educational, experimental or medical
purposes.
(3) Any person who contravenes this section shall be guilty of
an offence against this Act and shall be punished on conviction
with imprisonment for life and with whipping of not less than six
strokes.
(4) Any person found on land or who occupies land on which,
or any person found in possession of any receptacle in which, any
plant, from which raw opium, coca leaves, poppy-straw or cannabis
may be obtained either directly or indirectly, is planted or cultivated
shall be presumed, until the contrary is proved, to be the person
who planted or cultivated such plant.
Power to regulate the production of and dealing in raw opium,
coca leaves, poppy-straw and cannabis
7. (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.
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PART III
CONTROL OF PREPARED OPIUM, CANNABIS
AND CANNABIS RESIN
Application to cannabis and cannabis resin
8.  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.
Possession, etc., of prepared opium
9. (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.
Use of premises, possession of utensils and consumption of
opium
10. (1) If any person--
(a) being the owner or occupier of any premises permits
those premises to be used for the purpose of making
p r e p a r e d 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.
*NOTE--Previously "ten thousand ringgit"­see Dangerous Drugs (Amendment) Act 1986
[Act A659].
**NOTE--Previously "five thousand ringgit" and "two years imprisonment"­see Dangerous Drugs
(Amendment) Act 1972 [Act A112].
Dangerous Drugs
15
(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 smoking or
otherwise consuming prepared opium,
he 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 or to both.
(3) In this section "consume" with its grammatical variations
means eat, chew, smoke, swallow, drink, inhale, or introduce into
the body in any manner or by any means whatsoever.
PART IV
CONTROL OF CERTAIN DANGEROUS DRUGS
Extent of application of Part IV
11. (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 been made under subsection (2) or
by removing therefrom any drug or substance which has been
exempted from the provisions of this Act by an order or regulations
made under section 45.
*NOTE--Previously "two thousand ringgit" and "one year imprisonment"­see Dangerous Drugs
(Amendment) Act 1972 [Act A112].
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Restriction on import and export of certain dangerous drugs
12. (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 centre, police lock-up or place of detention shall, on
his conviction under subsection (3) for contravening subsection
(2), be liable to whipping of not more than three strokes in addition
to the punishment to which he is liable under subsection (3).
Keeping or using premises for unlawful administration
13. 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
a d m i n i s t r a t i o n 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
s u c h 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
*NOTE--Previously "twenty thousand ringgit"­see Dangerous Drugs (Amendment) Act 1998
[Act A1025].
**NOTE--Previously "three years"­see Dangerous Drugs (Amendment) Act 1973 [Act A194].
Dangerous Drugs
17
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 liable
on conviction to a fine not exceeding ten thousand ringgit or to
imprisonment for a period not exceeding *five years or to both.
Administration to others
14. (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.
Self administration
15. (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.
*NOTE--Previously "three years"­see Dangerous Drugs (Amendment) Act 1973 [Act A194].
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(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.
Control of manufacture and sale of certain dangerous
drugs
16. (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
s u c h 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
prescriptions;
(d) requiring persons engaged in the manufacture, sale or
distribution of any such drug to keep such books and to
furnish such information, either in writing or otherwise,
as may be prescribed; and
(e) prescribing the marking of packages, bottles or containers
in which any such drug is supplied.
(2) The regulations made under this section may provide for
authorizing any licensed pharmacist in accordance with any written
law relating to poisons from time to time in force in Malaysia or
any part thereof--
(a) to manufacture in the ordinary course of his retail business
any preparation, admixture, or extract of any dangerous
drug specified in Parts III, IV and V of the First Schedule;
and
Dangerous Drugs
19
(b) to carry on the business of retailing, dispensing, or
compounding any such drug,
subject in each case to the power of the Minister to withdraw the
authorization in the case of a person who has been convicted of
an offence against this Act, and who cannot, in the opinion of the
M i n i s t e r properly be allowed to carry on the business of
manufacturing, selling, or distributing, as the case may be, any
such drug.
(3) Nothing contained in any regulation made under this section
shall be construed as authorizing the sale, or the keeping of an
open shop for the retailing, dispensing, or compounding of poisons
by any person who is not duly qualified in that behalf under, or
otherwise than in accordance with, any written law relating to
poisons from time to time in force in Malaysia or any part thereof,
or as derogating from the said Act, for prohibiting, restricting, or
regulating the sale of poisons.
(4) All such regulations shall be made in accordance with
section 47.
Prohibition of trade, etc., in new drugs, and power to apply
Part IV with or without modifications to certain drugs
17. (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.
*NOTE--Previously "three years"­see Dangerous Drugs (Amendment) Act 1973 [Act A194].
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(2) If it is made to appear to the Minister that a decision with
respect to any such product as is mentioned in subsection (1) has
in pursuance of article 3 of the Single Convention been communicated
by the Secretary General of the United Nations Organization to the
parties to the said Convention, the Minister may by order, as the
case requires, either declare that this Part shall apply to that product
in the same manner as they apply to the drugs mentioned in
subsection 11(1) or apply this Part to that product with such
modifications as may be specified in the order.
(3) The Minister may by order make, in the First Schedule, any
alterations incidental to the inclusion of any such drug or substance
in such Schedule.
PART V
CONTROL OF EXTERNAL TRADE
Interpretation
18.
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 intended to import dangerous
drugs.
Dangerous Drugs
21
Export of dangerous drugs
19. (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
C o n v e n t i o n , it shall not be necessary to produce an import
authorization as aforesaid. In all cases it shall be in the absolute
discretion of the Minister to issue or refuse an export authorization,
as he may see fit.
(2) No dangerous drug shall be exported from Malaysia unless
the consignor is in possession of a valid and subsisting export
authorization relating to such drug granted under this Act.
(3) At the time of exportation of any dangerous drug the exporter
shall produce to such officer as the Minister may appoint, the
dangerous drug, the export authorization relating thereto, and such
other evidence as such officer may require to satisfy him that the
drug is being lawfully exported to the place and person named in
the authorization which refers to it.
(4) Any person who shall export any dangerous drug from
Malaysia except in pursuance of and in accordance with this Act
and the terms and conditions of any authorization or licence granted
under this Act in respect of such export 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.
*NOTE--Previously "fine not exceeding ten thousand dollars or to imprisonment for a term not
exceeding three years or to both such fine and imprisonment"­see Dangerous Drugs (Amendment)
Act 1973 [Act A194].
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Import of dangerous drugs
20. (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 of each such consignment.
(3) No dangerous drug shall be imported into Malaysia unless
the person to whom the drug is consigned is in possession of a
valid and subsisting import authorization granted in pursuance of
this section.
(4) Every dangerous drug imported into Malaysia from a country
which is a party to the Convention shall be accompanied by a valid
and subsisting export authorization or diversion certificate.
(5) Any person who shall import any dangerous drug into Malaysia
except in pursuance of and in accordance with this Act and the
terms and conditions of any approval, authorization or licence
granted under this Act in respect of such import 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.
Dangerous drugs in transit
21. (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
*NOTE--Previously "fine not exceeding ten thousand dollars or to imprinsonment for a term not
exceeding three years or to both such fine and imprisonment"­see Dangerous Drugs (Amendment)
Act 1973 [Act A194].
Dangerous Drugs
23
(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 being
satisfied that such authorization or certificate is valid or has not
been obtained by fraud or misrepresentation as aforesaid, the Minister
or such officer shall release the drug.
(3) Where the dangerous drug in transit is not accompanied by
an export authorization or diversion certificate by reason of the
fact that the drug comes from a country not a party to the Convention
and there are reasonable grounds for believing that such drug is
being conveyed in an unlawful manner or for an unlawful purpose
or is in course of transit for the purpose of being imported into
another country in contravention of the laws of that country, it
shall be lawful for the Minister, or any officer authorized by him
in that behalf, to seize and detain the drug.
(4) Where a dangerous drug brought into Malaysia in transit
is landed, or transhipped in Malaysia, it shall be stored and dealt
with as the Minister may direct and shall be moved only under and
in accordance with a removal licence granted in pursuance of
section 22.
(5) Nothing in this section shall be deemed to apply to any
dangerous drug in transit by post or in transit by air if the aircraft
passes over Malaysia without landing, or to such quantities of
dangerous drugs as may reasonably form part of the medical stores
of any ship or aircraft.
(6) Any person who brings any dangerous drug into Malaysia
in transit otherwise than in accordance with 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.
*NOTE--Previously "ten thousand ringgit" and "three years imprisonment"­see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
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Removal licences in transit
22. (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) This section shall not apply to dangerous drugs in transit by
post.
(4) Notwithstanding this section the Minister may in his absolute
discretion authorize the temporary removal for safe custody of
such quantities of dangerous drugs as may reasonably form part
of the medical stores of any ship or aircraft on such terms and
subject to such conditions as he shall think fit.
(5) 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.
Drugs not to be tampered with
23. (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
*NOTE--Previously "ten thousand ringgit" and "three years imprisonment"­see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
Dangerous Drugs
25
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.
The diversion of dangerous drugs in transit
24. (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 that country is not a party to the Convention upon
such evidence as may satisfy him that the drug is to be sent in a
lawful manner and for a proper purpose.
(3) A diversion certificate shall be issued in duplicate: one copy
thereof shall accompany the drug when it is removed from Malaysia;
another copy shall be despatched by or on behalf of the Minister
direct to the proper authority in the country to which the consignment
has been diverted.
(4) U p o n the issue of a diversion certificate the export
authorization or diversion certificate (if any) accompanying the
drug on its arrival in Malaysia shall be detained by the Minister
or by such officer as the Minister may appoint to perform such
duties and returned to the authority issuing such authorization or
diversion certificate together with a notification of the name of the
country to which such drug has been diverted.
*NOTE--Previously "ten thousand ringgit" and "three years imprisonment"­see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
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(5) 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.
Exemption of preparation in the possession of travellers
25.  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.
PART VA
25A­25P.
(Deleted by Act 283).
PART VI
ANCILLARY AND GENERAL PROVISIONS
Interpretation
26. 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].
Powers of inspection and seizure
27. (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
*NOTE--Previously "ten thousand ringgit" and "three years imprisonment"­see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
Dangerous Drugs
27
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 Drug Enforcement Officer,
empower such officer by day or by night--
(a) to enter such premises and there to search for, and seize
and detain, any such dangerous drug, article, book or
document;
(b) where the officer is a police officer or an officer of
customs, to arrest any person or persons being in or on
such premises in whose possession any dangerous drug
or article subject to forfeiture under this Act is found, or
whom the officer reasonably believes to have concealed
or deposited such dangerous drug or article; and
(c) to seize and detain any book or document found in or on
such premises or on such person.
(2) Such officer may if it is necessary so to do--
(a) break open any outer or inner door or window of such
premises and enter thereinto;
(b) forcibly enter such premises and every part thereof;
(c) remove by force any obstruction to such entry, search,
seizure and removal as he is empowered to effect;
(d) detain every person found in or on such premises, until
such premises have been searched.
(3) Any police officer not below the rank of Sub-Inspector or
any senior officer of customs or any Drug Enforcement Officer or
any person authorized in that behalf by any general or special
order of the Minister may, for the purposes of this Act, enter the
premises of any person carrying on the business of a producer,
manufacturer, seller or distributor of any dangerous drug and demand
the production of, and inspect, any book or document relating to
dealing in any such dangerous drug, and inspect any stock of such
dangerous drug.
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Laws of Malaysia
(4) Whenever it appears to any police officer not below the
rank of Sub-Inspector or to any senior officer of customs or to any
Drug Enforcement Officer that there is reasonable cause to believe
that in or on any premises there is concealed or deposited, in
contravention of this Act, any dangerous drug, syringe, pipe, lamp,
utensil or other article or any such book or document as is described
in subsection (1) and he has good grounds for believing that, by
reason of the delay in obtaining a search warrant, the object of the
search is likely to be frustrated, he may exercise in, upon and in
respect of such premises all the powers mentioned in subsection
(1), except, in the case of a Drug Enforcement Officer, the power
of arrest, in as full and ample a manner as if he were empowered
to do so by warrant issued under the said subsection.
(5) Any police officer not below the rank of Sub-Inspector or
any senior officer of customs shall be entitled to exercise in, upon
and in respect of any ship, not being or having the status of a ship
of war, or any aircraft, islet, landing place or wharf or any warehouse
or place adjoining a wharf, and used in connection therewith, all
the powers mentioned in subsection (1) in as full and ample a
manner as if he were empowered to do so by warrant issued under
the said subsection.
(6) Any police officer or officer of customs may, for the purpose
of carrying out this Act, board any ship, not being or having the
status of a ship of war, or any aircraft and remain on board as long
as such ship or aircraft remains in Malaysia.
(7) Any box, chest, package or other article, which is being
landed or has been recently landed from any ship or which is in
or upon any ship (not being or having the status of a ship of war),
aircraft, islet, landing place or wharf, or which is being removed
from any such ship, islet, landing place or wharf, or which is being
brought into, or has recently been brought into Malaysia, by land,
air or water, or is about to be taken out of Malaysia by land, air
or water--
(a) may be examined and searched by any officer of customs
and may be detained until any person in charge or possession
thereof has opened the same to admit of such examination
and search and in default of such opening may be removed
by such officer to a police station or to a customs office;
Dangerous Drugs
29
(b) may be broken open by the order of any senior officer
of customs to facilitate such examination and search:
Provided that any person in charge, or in possession of such
box, chest, package or other article shall be afforded every reasonable
facility for being present at such breaking open, examination or
search.
(8) Any police officer or any officer of customs may stop and
search any conveyance which he has reasonable ground for believing
to be used for the carriage of any dangerous drug in contravention
of this Act.
(9) Any person landing or being about to land or having recently
landed from any ship, or leaving any ship in the waters of Malaysia,
whether for the purpose of landing or otherwise, or entering or
having recently entered Malaysia by land, air or water, or being
about to leave Malaysia by land, air or water shall--
(a) on demand by any officer of customs, either permit his
person and goods and baggage to be searched by such
o f f i c e r or, together with such goods and baggage,
accompany such officer to a police station or a customs
office, and there permit his person, goods and baggage
to be searched by any officer of customs in the presence
and under the supervision of a senior officer of customs;
(b) on demand by any senior officer of customs, permit his
person and goods and baggage to be searched by him or
by some other officer of customs in his presence and
under his supervision:
Provided that the goods of any person who claims to be present
when these are searched shall not be searched except in his presence
and provided that no female shall be searched except by a female.
Power to intercept communication
27A. (1) N o t w i t h s t a n d i n g 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
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Laws of Malaysia
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 officer or officer of
customs in pursuance of subsection (1), whether before or after
such person is charged, shall be admissible at his trial in evidence.
( 3 ) A n authorization by the Public Prosecutor under
subsection (1) may be given either orally or in writing, and either
to any particular police officer or officer of customs, or generally
to the Inspector General of Police and all other police officers or
the Director General of Customs and Excise and all other officers
of customs:
Provided that where an oral authorization is given, the Public
Prosecutor shall, as soon as practicable, reduce the authorization
into writing.
(4) A certificate by the Public Prosecutor that the action taken
by a police officer or an officer of customs in pursuance of subsection
(1) had been authorized by him under subsection (1) shall be
conclusive evidence that it had been so authorized, and such certificate
shall be admissible in evidence without proof of signature thereof.
(5) No person shall be under any duty, obligation or liability,
or be in any manner compelled, to disclose in any proceedings the
procedure, method, manner or means, or any matter whatsoever
related thereto, with regard to anything done under paragraph(1)(a),
(b) or (c).
Dangerous Drugs
31
(6) For the purpose of this section--
"postal article" shall have the same meaning as in the
*Postal Services Act 1991 [Act 465]; and
"telecommunication" shall have the same meaning as in
the **Communications and Multimedia Act 1998 [Act 588].
Obstruction of inspection or search
28. 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 endeavours to rescue or causes to be rescued
any things which have been duly seized; or
(g) furnishes to any officer as true, information which he
knows or has reason to believe to be false; or
(h) before or after any seizure, breaks or otherwise destroys
anything to prevent the seizure thereof, or the securing
of 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.
**NOTE--This Act has replaced the Post Office Act 1947 [Act 211see section 50 of Act 465.
**NOTE--This Act has replaced the Telecommunications Act 1950 [Act 20see subsection 273(1)
of Act 588.
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Laws of Malaysia
Indemnity
29. (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.
Seizure and forfeiture of drugs, etc.
30. (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:
Provided that such notice shall not be required to be given
where such seizure is made in the presence of the offender or the
owner of such conveyance or his agent, or in the case of a ship
or an aircraft in the presence of the master or pilot as the case
maybe.
(4) Subsection (1) shall not apply to any ship of more than one
hundred tons burden or to any train or to any aircraft belonging
to any person carrying on a regular passenger or freight service
to and from Malaysia:
Provided that any such ship or aircraft may be detained by a
police officer not below the rank of Sub-Inspector or a senior
officer of customs pending an application to the Court for an order
Dangerous Drugs
33
under section 38, which application shall be made as soon as
practicable after the commencement of such detention of such ship
or aircraft.
(5) When any conveyance has been seized under this section,
a police officer not below the rank of Sub-Inspector or a senior
officer of customs may at his discretion return such conveyance
to the owner of the same on security being furnished to the satisfaction
of such officer that the conveyance shall be surrendered to him on
demand.
(6) An order for the forfeiture or for the release of anything
liable to forfeiture under this section shall be made by the Court
before which the prosecution with regard thereto has been held,
and an order for the forfeiture of the thing shall be made if it is
proved to the satisfaction of the Court 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 committed and that the thing was the subject matter of
or was used in the commission of the offence notwithstanding that
no person may have been convicted of such offence or breach.
(7) If there be no prosecution with regard to anything seized
under this section, such thing shall be taken and deemed to be
forfeited at the expiration of one calendar month from the date of
seizure unless a claim thereto is made before that date in the
manner hereinafter set forth.
(8) Any person asserting that he is the owner of anything liable
to forfeiture under subsection (7) and that it is not liable to forfeiture
may personally or by his agent authorized in writing give written
notice to a police officer not below the rank of Sub-Inspector or
a senior officer of customs that he claims the same.
(9) On receipt of such notice the police officer or the senior
officer of customs shall refer the claim to a Sessions Court Judge
in Peninsular Malaysia or to a Magistrate of the First Class in the
State of Sabah or Sarawak for his decission.
(10) The Sessions Court Judge or the Magistrate to whom reference
is made under subsection (9) shall issue a summons requiring the
person asserting that he is the owner of the thing and the person
from whom it was seized to appear before him, and upon their
appearance or default to appear, due service of such summons
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Laws of Malaysia
being proved, the Sessions Court Judge or the Magistrate shall
proceed to the examination of the matter and on proof that an
offence under this Act or a breach of the restrictions or conditions
subject to or upon which any licence, permit or authorization has
been granted has been committed and that such thing was the
subject matter, or was used in the commission of such offence or
breach shall order the same to be forfeited, or may in the absence
of such proof order its release.
(11) In any proceeding before any Court relating to the seizure
of any dangerous drugs, syringes, pipes, lamps, utensils, books,
documents, receptacles, packages or conveyance subject to forfeiture
under this section the Court shall proceed with the trial or the
appeal as the case may be on the merits of the case only without
enquiring into the manner or form of making any seizure except
in so far as the manner and form of seizure may be evidence on
such merits.
Things seized may be delivered to the owner or other person
30A. The Minister may upon application made to him in writing
order anything seized under this Act, whether forfeited or taken
and deemed to be forfeited, to be delivered to the owner or other
person entitled there to upon such terms and conditions as he may
deem fit:
Provided that any such application shall be made before the
expiration of one calendar month from the date of forfeiture of
such thing or from the date on which such thing shall be taken and
deemed to be forfeited as the case may be.
Power of arrest and seizure
31. (1) Any police officer or any officer of customs may arrest
without a warrant any person whom he reasonably believes to have
committed or to be committing an offence against this Act, and
every offence against this Act shall be deemed to be a seizable
o f f e n c e 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
Dangerous Drugs
35
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 under section 30 or to detention under an order
of the Court under section 38.
Examination of arrested person by a medical officer
31A. (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 of preservation of evidence, it shall be
lawful for a police officer not below the rank of Sergeant or an
officer of customs to require an arrested person to provide a specimen
of his urine for the purposes of an examination under subsection
(1) if it is not practicable for the medical officer or the person who
is acting in aid of or on the direction of a medical officer to obtain
the specimen of the urine within a reasonable period.
(1B) Any person who, without reasonable excuse, fails to provide
a specimen of his urine as may be required under subsection (1)
or (1A) shall be guilty of an offence and shall, on conviction, be
liable to a fine not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding four years or to both.
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(2) For the purposes of this section "medical officer" includes
any person employed by the Government or a statutory authority
as a medical officer or as a chemist.
Procedure where investigation cannot be completed within
twenty-four hours by an officer of customs
31B. (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.
(3) Nothing in this section shall be construed as in any manner
derogating from section 117 of the Criminal Procedure Code in its
application in any case of an offence against this Act where the
investigation is made by a police officer.
False declaration
32. 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.
Abetments and attempts punishable as offences
33.  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.
Dangerous Drugs
37
Abetting or procuring the commission of an offence abroad
34.  Any person who within Malaysia, abets the commission in
any place outside Malaysia of any offence punishable under any
corresponding law in force in that place, or does any act preparatory
to, or in furtherance of, any act, which offence or act if committed
in Malaysia would constitute an offence under this Act shall be
guilty of an offence under this Act and shall be punishable in the
same manner as if the offence or act which he abetted or in respect
of which he did such preparatory act or which he furthered had
been committed or intended to be committed in Malaysia.
Liability of officers of a company and employers and servants
35. (1) Where an offence against this Act is committed by a
company, the chairman and every director and every officer concerned
in the management of the company shall be guilty of the like
offence, unless he proves to the satisfaction of the Court that the
act constituting the offence took place without his knowledge or
consent.
(2) Any person licensed or authorized under any regulation
made under this Act who would be liable under this Act or under
any regulation made there under to any punishment, penalty or
forfeiture for any act, omission, neglect or default shall be liable
to the same punishment, penalty or forfeiture for every such act,
omission, neglect or default of any agent or servant employed by
him in the course of his business as such licensed or authorized
person, if such act, omission, neglect or default is committed by
such agent or servant in the course of his employment by such
licensed or authorized person.
(3) Every such agent or servant shall also be liable to every
punishment, penalty or forfeiture prescribed by this Act or under
any regulation made there under for such acts, omissions, neglects
or defaults done or omitted to be done by him as fully and effectually
as if he had been the person licensed or authorized.
Burden of proof
36.  It shall not be necessary in any proceedings against any
person for an offence against this Act to negative by evidence any
licence, authorization, authority, or other matter of exception or
defence, and the burden of proving any such matter shall be on
the person seeking to avail himself thereof.
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Presumptions
37.  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 whatsoever containing any
dangerous drug shall, until the contrary is proved, be
deemed to have been in possession of such drug and
shall, until the contrary is proved, be deemed to have
known the nature of such drug;
(da) any person who is found in possession of--
(i) 15 grammes or more in weight of heroin;
(ii) 15 grammes or more in weight of morphine;
(iii) 1 5  grammes  or  more
in
weight
of
monoacetylmorphines;
(iiia) a total of 15 grammes or more in weight of heroin,
morphine and monoacetylmorphines or a total of
15 grammes or more in weight of any two of the
said dangerous drugs;
(iv) 1,000 grammes or more in weight of prepared opium;
(v) 1,000 grammes or more in weight of raw opium;
(va) a total of 1,000 grammes or more in weight of
prepared opium and raw opium;
Dangerous Drugs
39
(vi) 200 grammes or more in weight of cannabis;
(vii) 200 grammes or more in weight of cannabis resin;
(viii) a total of 200 grammes or more in weight of cannabis
and cannabis resin;
(ix) 40 grammes or more in weight of cocaine;
(x) 2,000 grammes or more in weight of coca leaves;
(xi) 50 grammes or more in weight of 2-Amino-1-(2, 5-
dimethoxy-4-methyl) phenylpropane;
(xii) 50 grammes or more in weight of Amphetamine;
(xiii) 5 0 grammes or more in weight of 2, 5-
Dimethoxyamphetamine (DMA);
(xiv) 5 0  grammes  or  more  in  weight
of
Dimethoxybromoamphetamine (DOB);
(xv) 50 grammes or more in weight of 2, 5-Dimethoxy-
4-ethylamphetamine (DOET);
(xvi) 50 grammes or more in weight of Methamphetamine;
(xvii) 50 grammes or more in weight of 5-Methoxy-3, 4-
Methylenedioxyamphetamine (MMDA);
(xviii) 5 0  grammes  or  more  in  weight
of
Methylenedioxyamphetamine (MDA);
(xix) 50 grammes or more in weight of N-ethyl MDA;
(xx) 50 grammes or more in weight of N-hydroxy MDA;
(xxi) 50 grammes or more in weight of N-methyl-1 (3,
4-methylenedioxyphenyl)-2-butanamine;
(xxii) 5 0 grammes or more in weight of 3, 4-
Methylenedioxymethamphetamine (MDMA);
(xxiii) 5 0  grammes  or  more  in
weight
of
Paramethoxyamphetamine (PMA);
(xxiv) 5 0 grammes or more in weight of 3, 4, 5-
Trimethoxyamphetamine (3, 4, 5-TMA); or
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Laws of Malaysia
(xxv) a total of 50 grammes or more in weight of any
c o m b i n a t i o n of the dangerous drugs listed in
subparagraphs (xi) to (xxiv),
otherwise than in accordance with the authority of this
Act or any other written law, shall be presumed, until the
contrary is proved, to be trafficking in the said drug;
(e) any person who is found to have had in his possession
or under his control or subject to his order any document
of title relating to any dangerous drug shall, until the
contrary is proved, be deemed to have known the nature
of such drug;
(f) if any dangerous drug is found to be concealed in any
ship or aircraft it shall be presumed, until the contrary
is proved, that the said drug is so concealed with the
knowledge of the master of the ship or aircraft and has
been imported in such ship or aircraft;
(g) if any dangerous drug is found to be concealed in any
premises, it shall be presumed, until the contrary is proved,
that the said drug is so concealed with the knowledge of
the occupier of the premises;
(h) if any dangerous drug is found concealed in any
compartment, specially constructed for the purpose, on
any vehicle, it shall until the contrary is proved, be deemed
to have been so concealed with the knowledge of the
owner of the vehicle and of the person in charge of the
vehicle for the time being;
(i) evidence by a police officer not below the rank of Sergeant
or by a senior officer of customs that any pipe or other
article is for use in the consumption of prepared opium,
cannabis, cannabis resin or substances of which such
resin forms the base, or in the preparation of any of the
aforesaid substances for consumption shall, until the
contrary is proved, be deemed to be sufficient evidence
of the fact, and for the purposes of this paragraph
" c o n s u m p t i o n " means eating, chewing, smoking,
swallowing, drinking, inhaling or introducing any of the
aforesaid substances into the body in any manner or by
any means whatsoever;
Dangerous Drugs
41
(j) when any substance suspected of being a dangerous drug
has been seized and such substance is contained in a
number of receptacles, it shall be sufficient to analyse
samples of the contents of a number not less than ten
p e r c e n t u m of such receptacles and if such analysis
establishes that such samples are all of the same nature
and description, it shall be presumed, until the contrary
is proved, that the contents of all the receptacles were of
the same nature and description as the samples so analyzed
and if such analysis establishes that such samples consist
of or contain a dangerous drug, it shall be presumed,
until the contrary is proved, that the contents of all the
receptacles consist of or contain the same proportion of
such drug;
(k) if a person is charged for an offence of consuming a
dangerous drug or administering a dangerous drug to
himself or suffering any other person to administer a
dangerous drug to him, and any dangerous drug is found
in the urine of the person charged as a result of a urine
test conducted under section 31A, the person shall be
presumed, until the contrary is proved, to have consumed
the drug or to have administered the drug to himself or
to have suffered any other person to administer the drug
to him in contravention of this Act or its regulations.
Admission of statements in evidence
37A. (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
42
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Laws of Malaysia
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--
(a) if the making of the statement appears to the Court to
have been caused by any inducement, threat or promise
having reference to the charge against such person,
proceeding from a person in authority and sufficient in
the opinion of the Court to give such person grounds
which would appear to him reasonable for supposing that
by making it he would gain any advantage or avoid any
evil of a temporal nature in reference to the proceeding
against him; or
(b) in the case of a statement made by such person after his
arrest, unless the court is satisfied that a caution was
administered to him in the following words or words to
the like effect--
"It is my duty to warn you that you are not obliged
to say anything or to answer any question, but anything
you say, whether in answer to a question or not, may
be given in evidence":
Provided that a statement made by any person before
there is time to caution him shall not be rendered
inadmissible in evidence merely by reason of no such
caution having been given if it has been given as soon
as possible.
(2) Notwithstanding anything to the contrary contained in
a n y written law a person accused of an offence to which
subsection (1) applies shall not be bound to answer any questions
relating to such case after any such caution as aforesaid has been
administered to him.
(3) Where a statement is purported to be made by a person
charged with an offence against this Act under and in accordance
with section 113 of the Criminal Procedure Code, the statement
so made shall be deemed to have been made under and in accordance
with this section.
Dangerous Drugs
43
37B.
(Deleted by Act A389).
Ship or aircraft used for unlawful import or export
38. (1) If any ship or any aircraft is used for the import or export
of any drug contrary to this Act or for the receipt or storage of
any drug imported contrary to this Act, the owner and master
thereof shall be guilty of an offence against this Act and liable to
a fine not exceeding ten thousand ringgit unless it is proved to the
satisfaction of the Court that the owner or master was not implicated
in the placing or keeping of such drug on board the ship or aircraft
and that the offence in question was committed without his knowledge,
consent or connivance, and the ship or aircraft may be detained
by order of the Court until security has been given for such sum
as the court orders, not exceeding ten thousand ringgit.
(2) Except in the case of drugs consigned in accordance with
an authorization issued under section 19, 20 or 24 or in transit in
accordance with section 21, the finding of any drug on board any
ship or aircraft shall be prima facie evidence that the ship or
aircraft has been used for the importation or exportation of such
drug contrary to this Act or for the receipt or storage of drugs
imported contrary to this Act.
(3) Any person who conceals any dangerous drug in any part
of any ship or aircraft or who, being cognizant of any dangerous
drug being concealed in any ship or aircraft, does not take the
earliest reasonable opportunity of reporting the same to the master
of such ship or aircraft after such ship has entered the territorial
waters of Malaysia or such aircraft has landed in Malaysia, as the
case may be, shall be liable on conviction to a fine not exceeding
*twenty thousand ringgit or to imprisonment for a term not exceeding
*five years or to both, unless he shall prove that he informed such
master before such ship entered such waters or such aircraft so
landed, as the case may be.
Powers of the Court in respect of drug dependants below the
age of eighteen
38A.  Where any person below the age of eighteen years is found
guilty of an offence against this Act other than an offence under
section 6B or 39B or other than in a case where a person is found
guilty of an offence against this Act for which the punishment
*NOTE--Previously "two thousand ringgit" and "one year imprisonment"­see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
44
ACT 234
Laws of Malaysia
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].
Powers of the court in respect of persons found guilty under
section 15
38B. (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.
General penalty
39.  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.
Increased penalty where the subject matter is the prescribed
amount of certain dangerous drugs
39A. (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;
*NOTE--Previously "two thousand ringgit" and "one year imprisonment"­see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
Dangerous Drugs
45
(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 weight of cannabis and cannabis resin;
(i) 100 grammes or more but less than 250 grammes in
weight of raw opium;
(j) 100 grammes or more but less than 250 grammes in
weight of prepared opium;
(k) a total of 100 grammes or more but less than 250 grammes
in weight of raw opium and prepared opium;
(l) 250 grammes or more but less than 750 grammes in
weight of coca leaves;
(m) 5 grammes or more but less than 30 grammes in weight
of 2-Amino-1-(2, 5-dimethoxy-4methyl) phenylpropane;
(n) 5 grammes or more but less than 30 grammes in weight
of Amphetamine;
(o) 5 grammes or more but less than 30 grammes in weight
of 2, 5-Dimethoxyamphetamine (DMA);
(p) 5 grammes or more but less than 30 grammes in weight
of Dimethoxybromoamphetamine (DOB);
(q) 5 grammes or more but less than 30 grammes in weight
of 2, 5-Dimethoxy-4-ethylamphetamine (DOET);
(r) 5 grammes or more but less than 30 grammes in weight
of Methamphetamine;
(s) 5 grammes or more but less than 30 grammes in weight
of 5-Methoxy-3, 4-Methylenedioxyamphetamine (MMDA);
(t) 5 grammes or more but less than 30 grammes in weight
of Methylenedioxyamphetamine (MDA);
(u) 5 grammes or more but less than 30 grammes in weight
of N-ethyl MDA;
46
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Laws of Malaysia
(v) 5 grammes or more but less than 30 grammes in weight
of N-hydroxy MDA;
(w) 5 grammes or more but less than 30 grammes in weight
of N-methyl-1-(3, 4-methylenedioxyphenyl)-2-butanamine
(x) 5 grammes or more but less than 30 grammes in weight
of 3, 4-Methylenedioxymethamphetamine (MDMA);
(y) 5 grammes or more but less than 30 grammes in weight
of Paramethoxyamphetamine (PMA);
(z) 5 grammes or more but less than 30 grammes in weight
of 3, 4, 5-Trimethoxyamphetamine (3, 4, 5-TMA); or
(za) a total of 5 grammes or more but less than 30 grammes
in weight of any combination of the dangerous drugs
listed in paragraphs (m) to (z),
shall, instead of being liable to the punishment provided for that
offence under the section under which the person has been so
found guilty, be punished with imprisonment for a term which
shall not be less than two years but shall not exceed five years,
and he shall also be punished with whipping of not less than three
strokes but not more than nine strokes.
(2) Every person found guilty of an offence against this Act
where the offence is not punishable with death and where the
subject matter of the offence is--
(a) 5 grammes or more in weight of heroin;
(b) 5 grammes or more in weight of morphine;
(c) 5 grammes or more in weight of monoacetylmorphines;
(d) a total of 5 grammes or more in weight of heroin, morphine
and monoacetylmorphines or a total of 5 grammes or
more in weight of any two of the said dangerous drugs;
(e) 15 grammes or more in weight of cocaine;
(f) 50 grammes or more in weight of cannabis;
(g) 50 grammes or more in weight of cannabis resin;
(h) a total of 50 grammes or more in weight of cannabis and
cannabis resin;
(i) 250 grammes or more in weight of raw opium;
(j) 250 grammes or more in weight of prepared opium;
Dangerous Drugs
47
(k) a total of 250 grammes or more in weight of raw opium
and prepared opium;
(l) 750 grammes or more in weight of coca leaves;
(m) 30 grammes or more in weight of 2-Amino-1-(2, 5-
dimethoxy-4-methyl) phenylpropane;
(n) 30 grammes or more in weight of Amphetamine;
(o) 30  grammes  or  more  in
weight
of
2,
5-
Dimethoxyamphetamine(DMA);
(p) 3 0
grammes
or
more
in
weight
of
Dimethoxybromoamphetamine (DOB);
(q) 30 grammes or more in weight of 2, 5-Dimethoxy-4-
ethylamphetamine (DOET);
(r) 30 grammes or more in weight of Methamphetamine;
(s) 30 grammes or more in weight of 5-Methoxy-3, 4-
Methylenedioxyamphetamine (MMDA);
(t) 30
grammes
or
more
in
weight
of
Methylenedioxyamphetamine (MDA);
(u) 30 grammes or more in weight of N-ethyl MDA;
(v) 30 grammes or more in weight of N-hydroxy MDA;
(w) 30 grammes or more in weight of N-methyl-1-(3, 4-
Methylenedioxyphenyl)-2-butanamine;
(x) 3 0  grammes  or  more  in  weight  of
3,
4-
Methylenedioxymethamphetamine (MDMA);
(y) 30 grammes or more in weight of Paramethoxyamphetamine
(PMA);
(z) 3 0 grammes or more in weight of 3, 4, 5-
Trimethoxyamphetamine (3, 4, 5-TMA); or
(za) a total of 30 grammes or more in weight of any combination
of the dangerous drugs listed in paragraphs (m) to (z),
shall, instead of being liable to the punishment provided for that
offence under the section under which the person has been so
found guilty, be punished with imprisonment for *life or for a term
which shall not be less than five years, and he shall also be
punished with whipping of not less than **ten strokes.
*NOTE--Previously "a term not exceeding fourteen years and not less than three years"­see
Dangerous Drugs (Amendment) Act 1983 [Act A553].
**NOTE--Previously "six strokes"­see Dangerous Drugs (Amendment) Act 1986 [Act A659].
48
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Trafficking in dangerous drugs
39B. (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.
(3) A prosecution under this section shall not be instituted except
by or with the consent of the Public Prosecutor:
Provided that a person may be arrested, or a warrant for his
arrest may be issued and executed, and any such person may be
remanded in custody notwithstanding that the consent of the Public
Prosecutor to the institution of a prosecution for the offence has
not been obtained, but the case shall not be further prosecuted until
the consent has been obtained.
(4) When a person is brought before a Court under this section
before the Public Prosecutor has consented to the prosecution the
charge shall be explained to him but he shall not be called upon
to plead, and the provisions of the law for the time being in force
relating to criminal procedure shall be modified accordingly.
Increased penalty where person has prior admissions or
convictions
39C. (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
Dangerous Drugs
49
(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 less than five years but shall not exceed
seven years, and he shall also be punished with whipping of not
more than three strokes.
(2) Where a person who has been punished under subsection (1)
is convicted of a subsequent 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 less than seven years but shall not
exceed thirteen years, and he shall also be punished with whipping
of not less than three strokes but not more than six strokes.
(3) A certificate to be signed by an officer authorized in writing
by the Director General and purporting to relate to a person's
admission to a Rehabilitation Centre shall be admissible in evidence
in any proceedings under this section, on its production by the
prosecution without proof of signature; and, until the contrary is
proved, that certificate shall be evidence of all matters contained
in the certificate.
(4) For the purposes of this section--
"admission" means an admission to undergo treatment and
rehabilitation at a Rehabilitation Centre by an order of a magistrate
under paragraph 6(1)(a) of the Drug Dependants (Treatment and
Rehabilitation) Act 1983;
"Director General" means the Director General appointed under
s u b s e c t i o n 2(2) of the Drug Dependants (Treatment and
Rehabilitation) Act 1983;
"Rehabilitation Centre" means the Rehabilitation Centre established
u n d e r section 10 of the Drug Dependants (Treatment and
Rehabilitation) Act 1983.
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Protection of informers
40. (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 false or did not believe to be true, or if in any other proceeding
the Court is of opinion that justice cannot be fully done between
the parties thereto without the discovery of the informer, the Court
may require the production of the original complaint, if in writing,
and permit inquiry and require full disclosure concerning the informer.
Evidence of agent provocateur admissible
40A. (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.
Dangerous Drugs
51
Jurisdiction
41. (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.
Special provisions relating to transmission of a case to, and
trial by, the High Court
*41A. (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 Criminal Procedure Code
shall not apply to such trial.
*NOTE--See section 7 of Dangerous Drugs (Amendment) Act 1978 [Act A426] for transitional
provisions.
**NOTE--Chapters XXI and XXII of the Criminal Procedure Code [Act 593] has since been
repealed by the Criminal Procedure Code (Amendment) Act 1995 [Act A908see section 11 of
Act A908.
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(4) Subsections (1), (2) and (3) shall have effect notwithstanding
any other written law to the contrary.
No bail to be granted in respect of certain offences
41B. (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.
Power to conduct prosecutions
42.  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.
Rewards
42A. 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.
Licences, permits, etc., may be subject to conditions
43.  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.
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Power of Minister to delegate powers and functions
44.  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.
Power of Minister to exempt certain drugs and institutions
from certain provisions of the Act
45.  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) t h e 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.
Power of the Minister to vary First Schedule
45A. 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
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(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.
Act not to derogate from other statutory or other legal provisions
and powers
46. 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.
Regulations
47. (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.
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(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 offence, namely, fine, imprisonment and forfeiture:
Provided that no fine imposed by such regulations shall exceed
*twenty thousand ringgit and no penalty of imprisonment imposed
shall exceed a term of *seven years.
(3) All regulations made under this Act shall be published in
the Gazette and shall be laid as soon as practicable before the
Dewan Rakyat.
(4) If a resolution of the Dewan Rakyat is passed within the
next subsequent three months after any such regulation is laid
before it annulling the regulation or any part thereof, the whole
regulation or such part thereof as the case may be shall thenceforth
be void but without prejudice to the validity of anything previously
done thereunder.
Drug Enforcement Officers to be deemed public servants
48.  All Drug Enforcement Officers under this Act shall be deemed
to be public servants within the meaning of the Penal Code.
Action of officers no offence
49.  Nothing done by any officer of the Government in the course
of his duties shall be deemed to be an offence under this Act.
Repeal
50.  The Ordinances, Enactments and Proclamation specified in
the Third Schedule are hereby repealed.
*NOTE--Previously "ten thousand ringgit" and "four years imprisonment"­see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
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FIRST SCHEDULE
[Sections 2, 11(1) and 17(3)]
PART I
Raw Opium
Coca Leaves
Poppy-Straw
Cannabis
PART II
Prepared Opium
Cannabis
Cannabis resin and substances of which such resin forms the base
PART III
Acetorphine
Acetyl-alpha-methylfentanyl
Acetylmethadol
Alfentanil
Allylprodine
Alphacetylmethadol
Alphameprodine
Alphamethadol
Alpha-methylfentanyl
Alpha-methylthiofentanyl
Alphaprodine
2-amino-1-(2, 5-dimethoxy-4-methyl) phenylpropane
Amphetamine
Anileridine
Benzethidine
Benzylmorphine
Betacetylmethadol
8-beta-11-dihydroxy-delta-9-tetrahydroxycannabinol
8-beta-hydroxy-delta-9-tetrahydrocannabinol
Beta-hydroxyfentanyl
Betahydroxy-3-methylfentanyl
Betameprodine
Betamethadol
Betaprodine
Bezitramide
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57
Butorphanol
4-bromo-2, 5-dimethoxyphenylethylamine (2C-B)
Cathinone
Clonitazene
Cocaine
Codoxime
Concentrate of poppy-straw (the material arising when poppy-straw has entered
into a process for the concentration of its alkaloids, when such material is made
available in trade)
delta-8-tetrahydrocannabinol
delta-9-tetrahydrocannabinol
Desomorphine
DET, N, N-diethyltryptamine
Dextromoramide
Diampromide
Diethylthiambutene
Difenoxin
Dihydroetorphine
Dihydromorphine
Dimenoxadol
Dimepheptanol
2, 5-Dimethoxyamphetamine (DMA)
Dimethoxybromoamphetamine (DOB)
2, 5-Dimethoxy-4-ethylamphetamine (DOET)
Dimethylthiambutene
Dioxaphetyl butyrate
Diphenoxylate
Dipipanone
DMHP, 3-(1, 2-dimethylheptyl)-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl
6H-dibenzo [b, d] pyran
DMT, N. N-dimethyltryptamine
Drotebanol
Ecgonine
Ethylmethylthiambutene
Eticyclidine, N-ethyl-l-phenylcyclohexyl-amine
Etonitazene
Etorphine
Etoxeridine
Etryptamine
Extract or tincture of cannabis
Extract or tincture of coca leaves
Extract or tincture of opium
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Fentanyl
Flunitrazepam
Furethidine
Gamma hydroxybutyric acid (GHB)
Heroin
Hydrocodone
Hydromorphinol
Hydromorphone
11-hydroxy-delta-8-tetrahydrocannabinol
11-hydroxy-delta-9-tetrahydrocannabinol
Hydroxypethidine
Isomethadone
Ketamine
Ketobemidone
Levomethorphan
Levomoramide
Levophenacylmorphan
Levorphanol
(+)-Lysergide, (+)-N-N-diethyllysergamide (d-lysergic acid diethylamide)
Mescaline, 3, 4, 5-trimethoxyphenethylamine
Metazocine
Methadone
Methadone-Intermediate
Methamphetamine
Methcathinone
5-Methoxy-3, 4-methylenedioxyamphetamine (MMDA)
4-methylaminorex
Methyldesorphine
Methyldihydromorphine
Methylenedioxy-amphetamine (MDA)
3, 4-Methylenedioxymethamphetamine (MDMA)
3-methylfentanyl
1-methyl-4-phenyl-4-piperidinol propionate (MPPP)
3-methylthiofentanyl
4-methylthioamphetamine (4-MTA)
Metopon
Monoacetylmorphines
Moramide-Intermediate
Morpheridine
Morphine
Morphine Methobromide and other pentavalent nitrogen morphine derivatives,
including in particular the morphine-N-oxide derivatives, one of which is Codeine
N-oxide
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Morphine-N-oxide
Myrophine
N-ethyl MDA
N-hydroxy MDA
N-methyl-1-(3, 4-methylenedioxyphenyl)-2-butanamine
Nicomorphine
Nimetazepam
Noracymethadol
11-nor-delta-9-tetrahydrocannabinol-9-carboxylic acid
Norlevorphanol
Normethadone
Normorphine
Norpipanone
Oxycodone
Oxymorphone
Para-fluorofentanyl
Parahexyl, 3-hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo
[b, d] pyran
Paramethoxyamphetamine (PMA)
Pethidine
Pethidine-Intermediate--A
Pethidine-Intermediate--B
Pethidine-Intermediate--C
Phenadoxone
Phenampromide
Phenazocine
1-phenethyl-4-phenyl-4-piperidinol acetate (PEPAP)
Phenomorphan
Phenoperidine
Piminodine
Piritramide
Propheptazine
Properidine
Psilocine, Psilotsin, 3-(2-dimethylaminoethyl)-4-hydroxyindole
Psilocybine, 3-(2-dimethylaminoethyl)-indol-4-yl dihydrogen phosphate
Racemothorphan
Racemoramide
Racemorphan
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Remifentanil
Rolicyclidine, I-(1-phenylcyclohexyl) pyrrolidine
Sufentanil
Tenocyclidine, 1-[1-(2-thienyl) cyclohexyl] piperidine
Tetrahydrocannabinols, 1-hydroxy-3-pentyl-6a,7,10, 10a-tetrahydro-6, 6, 9
trimethyl-6-H-dibenzo [b, d] pyran
Thebacon
Thebaine
Thiofentanyl
Tilidine
Trimeperidine
3, 4, 5-Trimethoxyamphetamine (3, 4, 5-TMA)
The isomers, unless specifically excepted, of the drugs in this Part whenever
the existence of such isomers is possible within the specific chemical designation;
The esters and ethers, unless appearing in another Part, of the drugs in this
Schedule whenever the existence of such esters or ethers is possible;
The salts of the drugs listed in this Part, including the salts of esters, ethers
and isomers as provided above whenever the existence of such salts is possible.
PART IV
Acetyldihydrocodeine
Codeine
Dextropropoxyphene
Dihydrocodeine
Ethylmorphine
Nicocodine
Nicodicodine
Norcodeine
Pholcodine
Propiram
The isomers, unless specifically excepted, of the drugs in this Part whenever
the existence of such isomers is possible within the specific chemical designation;
The salts of the drugs listed in this Part, including the salts of the isomers as
provided above whenever the existence of such salts is possible.
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61
PART V
PREPARATION FOR THE EXPORT OF WHICH EXPORT
AUTHORIZATIONS ARE NOT REQUIRED
1.
Deleted by P.U. (A) 151/2001.
2.  Preparations of cocaine containing not more than 0.1 per cent of cocaine
calculated as cocaine base and preparations of opium or morphine containing
not more than 0.2 per cent of morphine calculated as anhydrous morphine base
and compounded with one or more other ingredients and in such a way that the
drug cannot be recovered by readily applicable means or in a yield which would
constitute a risk to public health.
3.  Preparations of diphenoxylate containing, per dosage unit, not more than
2.5 milligrammes of diphenoxylate calculated as base and a quantity of atropine
sulphate equivalent to at least 1 per cent of the dose of diphenoxylate.
4.
Pulvis ipecacuanhae et opil compositus
10 per cent opium in powder
10 per cent ipecacuanha root, in powder
well mixed with 80 per cent of any other powdered ingredient containing
no drug.
4A. Preparations of difenoxin containing, per dosage unit, not more than 0.5
milligrammes of difenoxin and a quantity of atropine sulphate equivalent to at
least 5 per cent of the dose of difenoxin.
4B. Preparations for oral use containing not more than 150 milligrammes of
dextropropoxyphene salts per dosage unit or with a concentration of not more
than 2.5 per cent in undivided preparations.
5.  Preparations conforming to any of the formulae listed in this Part and
mixtures of such preparations with any material which contains no drug.
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SECOND SCHEDULE
MALAYSIA
DANGEROUS DRUGS ACT 1952
[Subsection 20(2)]
FORM A
Serial No....
File No....
INTERNATIONAL OPIUM CONVENTIONS
CERTIFICATE OF APPROVAL OF IMPORT
In pursuance of the Dangerous Drugs Act 1952, I, the officer to whom authority
is delegated under section 44, hereby certify that I have approved the importation
by
(a).......................................................................................................................
...........................................................................................................................
(Here insert name and full postal address of importer.)
of (b).......................................................................................................................
...........................................................................................................................
(Here insert the description and amount of the drugs to be imported.)
from
(c).......................................................................................................................
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
(Here insert name and address of firm in exporting country from which drug is to be obtained.)
subject to the conditions that--
(i) the consignment shall be imported before the (date)
(ii) the consignment shall be imported by
(iii) the consignment shall be imported through the Customs Office at
(iv) the consignment shall follow the route
(v) the consignment (shall not be)/(may be) imported through the post;
and I certify that I am satisfied that the consignment proposed to be imported
is required--
(1) for legitimate purposes (in the case of raw opium and the coca leaf,
poppy-straw and cannabis);
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63
(2) solely for medicinal or scientific purposes (in the case of drugs and
preparations included in Schedules I, II and III to the Single Convention).
Date.............................
(Signature and Stamp)
MALAYSIA
DANGEROUS DRUGS ACT 1952
[Subsection 19(1)]
FORM B
Serial No:
Applicant's Reference No:
File No:
INTERNATIONAL OPIUM CONVENTIONS
EXPORT AUTHORIZATION
In pursuance of the Dangerous Drugs Act 1952, I, the officer to whom authority
is