Section 134
Section 134
(1)
Where an officer of customs or any person authorised under this Order takes possession of and retains any document under section 116, the following provisions shall apply –
(a)
in any proceedings for an offence relating to the document, the court may order, either at the hearing or on a subsequent application, that the document be delivered to the person appearing to the court to be entitled to it, or that it be otherwise disposed of in such manner and under such conditions as the court thinks fit;
(b)
an officer of customs or an authorised person may at any time, unless an order has been made under paragraph (a), return the document to the person from whom it was taken or apply to a court for an order as to its disposal; and on any such application, the court may make any order that it may make under paragraph (a);
(c)
if proceedings for an offence relating to any document are not brought within a period of 3 months after the date on which possession was taken, any person claiming to be entitled to such document may, after the expiration of such period, apply to a court for an order that it be delivered to him; and on any such application, the court may adjourn the application, on such terms as he thinks fit, for proceedings to be brought, or may make any order that it may make under paragraph (a).
Incorporating amendments until S 40/2018
(Clean Version) Norhasnani/H.Afif/zimah/zura_as of 17.02.2020
81
BLUV as at 08th August 2018
(2)
Where a person is convicted in proceedings for an offence relating to any document to which this section applies, and an order is made under this section, the operation of the order shall be suspended –
(a)
until the expiration of the time prescribed for the filing of notice of appeal or an application for leave to appeal;
(b)
where notice of appeal is filed within the prescribed time, until the determination of the appeal;
(c)
where application for leave to appeal is filed within the prescribed time, until the application is determined and, where leave to appeal is granted, until the determination of the appeal.
(3)
Where the operation of any such order is suspended until the determination of an appeal, the court determining the appeal may by order annul or vary the order made under this section.
Conviction under other law.