Kazikree Akta Dadah Berbahaya Disemak — Perkara ini akan dijelaskan lagi dalam point ketiga. Dalam kebanyakan kes dimana orang ditangkap dengan najis dadah, mereka akan mendakwa bahawa mereka tidak tahu dadah tersebut ada di situ. Click here for the English version ] Di Malaysia, dadah berbahaya sentiasa dianggap sebagai ancaman kepada masyarakat. Jadi bagaimana pihak mahkamah menentukan perkara itu sahih atau tidak? Ini mungkin termasuklah pembekuan atau lucut hak aset seperti rumah atau akaun bank di aka Akta Dadah Berbahaya Perlucuthakan Harta atau Akta Pencegahan Pengubahan Wang Begbahaya, Pencegahan Pembiayaan Keganasan dan Hasil daripada Aktiviti Haram jika ia boleh dibuktikan bahawa aset-aset ini adalah digunakan untuk aktiviti haram yang ditetapkan di bawah undang-undang ini.
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Drug Enforcement officers to be deemed public servants Action of officers no offence This Act may be cited as the Dangerous Drugs Act For Putrajaya see section 1 of Act A Appointment of Drug Enforcement Officers 3. Restriction on exportation of raw opium, coca leaves, poppystraw and cannabis 5.
Restriction on possession of raw opium, coca leaves, poppystraw and cannabis 6. Deleted by Act A Restriction on planting or cultivation of certain plants 6B. 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.
Power to regulate the production of and dealing in raw opium, coca leaves, poppy-straw and cannabis 7. 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. Use of premises, possession of utensils and consumption of opium Keeping or using premises for unlawful administration Administration to others Self administration Control of manufacture and sale of certain dangerous drugs Prohibition of trade, etc.
Dangerous Drugs 21 Export of dangerous drugs The export authorization shall be prepared in triplicate and two copies shall be issued to the exporter who shall send one copy with the drug to which it refers when such drug is exported.
The Minister shall send the third copy direct to the appropriate authority of the country of ultimate destination. Where the intended exportation is to a country which is not a party to the Convention, it shall not be necessary to produce an import authorization as aforesaid. In all cases it shall be in the absolute discretion of the Minister to issue or refuse an export authorization, as he may see fit.
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.
Dangerous drugs in transit 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. 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.
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. Drugs not to be tampered with 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. The diversion of dangerous drugs in transit 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.
Exemption of preparation in the possession of travellers Nothing in this Part shall be deemed to apply to such quantity of any dangerous drug in the form of a medicinal preparation in the possession of any person arriving in Malaysia by land, air or water from any place outside Malaysia as is reasonably required for the use of such person and which has been supplied to such person bona fide by or on the prescription of a medical practitioner residing outside Malaysia in accordance with the law of the country in which such drug was so supplied, provided that such person shall, as soon as possible on arrival, declare his possession of such dangerous drug to an officer having authority under this Act to search such person and shall submit to such medical examination as may be required of him.
Deleted by Act Powers of inspection and seizure Power to intercept communication 27A. Obstruction of inspection or search Seizure and forfeiture of drugs, etc. 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 Examination of arrested person by a medical officer 31A. Procedure where investigation cannot be completed within twenty-four hours by an officer of customs 31B. False declaration Any person who, for the purpose of obtaining, whether for himself or for any other person, the issue, grant, or renewal of any licence or authority under this Act, makes any declaration or statement which is false in any material particular, or knowingly utters, produces, or makes use of, any such declaration or statement or any document containing the same, shall be guilty of an offence against this Act, and shall be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Abetments and attempts punishable as offences Any person who abets the commission of, or who attempts to commit, or does any act preparatory to or in furtherance of the commission of, any offence under this Act shall be guilty of such offence and liable to the punishment provided for such offence.
Dangerous Drugs 37 Abetting or procuring the commission of an offence abroad Any person who within Malaysia, abets the commission in any place outside Malaysia of any offence punishable under any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act, which offence or act if committed in Malaysia would constitute an offence under this Act shall be guilty of an offence under this Act and shall be punishable in the same manner as if the offence or act which he abetted or in respect of which he did such preparatory act or which he furthered had been committed or intended to be committed in Malaysia.
Liability of officers of a company and employers and servants Burden of proof It shall not be necessary in any proceedings against any person for an offence against this Act to negative by evidence any licence, authorization, authority, or other matter of exception or defence, and the burden of proving any such matter shall be on the person seeking to avail himself thereof. Admission of statements in evidence 37A. Dangerous Drugs 37B. Ship or aircraft used for unlawful import or export Powers of the Court in respect of drug dependants below the age of eighteen 38A.
Powers of the court in respect of persons found guilty under section 15 38B. General penalty Increased penalty where the subject matter is the prescribed amount of certain dangerous drugs 39A.
Akta Dadah Berbahaya 1952
Akta Dadah Berbahaya 1952 dan Peraturan-peraturannya