Dangerous

Drug Act
1952
Section 31-36
Nurul Athirah Husna Binti Mohd Hussien
59215117190
 S31- Power of arrest and seizure
(1) Police officer or any officer may arrest without a warrant (seizable offence)to
whom committing an offence against this Act for the purposes of Criminal
Procedure Code
(2) Taken to police station or customs office and may searched arrested person at
any convenient place and only female officer can searched for female offender
(3) Any custom police officer arrested can seize and detain any item, receptacle
and conveyance that he has reasonable grounds to believe may be forfeited
under section 30 or detained under Court order under section 36
 S31A. Examination of arrested person by a
medical officer
(1) When any person is arrested
(a) which is such a nature
(b) which is alleged committing
give reasonable grounds that will get evidence from that examination (medical
officer, police officer not below rank of sergeant, other officer in charge, any
officer, person acting in aid of medical officer)
(1A) Provide specimen of urine
(1AA) Any biological sample that analysed by science officer employed by
government
(1B) Fail to provide in subsection (1A)&(1AA) will be fine not>RM10000 or
imprisonment not >4 years or BOTH
(2) Medical officer includes any person employed by Government or statutory
authority
 S31B. Procedure where investigation cannot be completed
within 24 hours by an officer of customs
1) Authorize detention of person not exceed 15 days in the whole within
period 24 hours from the time that person is arrested

2) If Magistrate under subsection (1) does not have jurisdiction to try case or
unnecessary to further detention, may order that person produced before court having
such jurisdiction but if case is for high court before himself or magistrate having
jurisdiction to transmit the case for trial

3) No manner derogating from S117 of Criminal Procedure Code shall be

construed where investigation is made by police officer
 S32. False Declaration

• Any person who make any false declaration /statement/issue/grant/renewal

license or authority shall be liable on conviction to a fine not >RM2000 or
imprisonment for not >1 year or BOTH
 S33. Abetments and attempts
punishable as offence
• Any person who abets or attempts to commit any
offence under this Act shall be guilty of such offence &
liable to the punishment provided.
 S34. Abetting or procuring the commission of an
offence abroad
• Any person within Malaysia who abets commission outside
Malaysia of any offence punishable under any corresponding
law in force in that place shall be punish in the same manner
as the offence he committed or intended to be committed in
Malaysia
 S35. Liability of officers of a company and employers
and servants
(1) Where an offence against this Act committed by a company (chairman, director,
officer) unless he proves to Court that act constituting the offence without his
consent
(2) Licensed or authorized person would be liable under this act shall be legally
responsible to get the same punishment ,penalty or forfeiture with any agent
employed in the course of business for committed any act, omission, neglect or
default
(3) Every agent or servant shall be liable to every punishment prescribed by this act or
omitted to be done by him as fully & if had been the licensed or authorize person
 S36. Burden of proof
• Not be necessary in any proceedings against any person if the
evidence is negative to licence, authorization, authority or
other matter of exception
Thank you