In forceAmended2020 Revised Edition

Contents

Misuse of Drugs Act 1973 · 2020 Revised Edition · Part 3 · Evidence, Enforcement and Punishment

24. Powers of search and seizure

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Amended

Last amended by an amending law of 2023. 3 amendments in all.

(1)

Any officer of the Bureau, police officer, special police officer or senior officer of customs may at any time —

(a)

without a warrant enter and search any place or premises in which he or she reasonably suspects that there is to be found —

(i)

any controlled drug, controlled substance, psychoactive substance or article liable to seizure;

(ia)

any vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, which is or has been used in the commission of or in connection with an offence under this Act; or

(ii)

a person who has committed or is reasonably suspected to have committed any offence under this Act or any arrestable offence under the regulations;

(b)

search any person found in that place or premises; and

(c)

seize and detain all of the following which is found in that place or premises:

(i)

any drug or substance that the officer reasonably suspects is a controlled drug, controlled substance, or psychoactive substance;

(ii)

any article that the officer reasonably suspects is an article liable to seizure;

(iii)

any vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, that the officer reasonably suspects is, has been or is intended to be, used in the commission of or in connection with an offence under this Act.

(2)

For the purpose of exercising his or her power under this section, an officer may, with such assistance as he or she considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing.

(3)

[Deleted by Act 12 of 2023 wef 01/06/2024]

Terms defined in s 2

article liable to seizure
Defined · s 2
“article liable to seizure” means any money, thing, controlled equipment or controlled material by means of or in respect of which an offence under this Act has been committed or which contains evidence of an offence under this Act;
Open s 2
autonomous system
Defined · s 2
“autonomous system”, in relation to a motor vehicle or vessel, means a system that enables the operation of the motor vehicle or vessel without the active physical control of, or monitoring by, a human operator;
Open s 2
autonomous vehicle
Defined · s 2
“autonomous vehicle” means a motor vehicle equipped wholly or substantially with an autonomous system (also commonly known as a driverless vehicle), and includes a trailer drawn by such a motor vehicle;
Open s 2
controlled drug
Defined · s 2
“controlled drug” means any substance or product which is for the time being specified in Part 1, 2 or 3 of the First Schedule or anything that contains any such substance or product;
Open s 2
officer of the Bureau
Defined · s 2
“officer of the Bureau” means the Director or any person appointed under section 3 as a Deputy Director, a Divisional Director or an officer of the Central Narcotics Bureau;
Open s 2
place
Defined · s 2
“place” includes —(a)any building or structure, whether permanent or temporary;(b)any land, whether or not built on;(c)any place, whether or not enclosed, and whether or not situated underground or underwater;(d)any vessel, aircraft, train, or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and(e)any part of any place mentioned in paragraphs (a) to (d);
Open s 2
police officer
Defined · s 2
“police officer” has the meaning given by the Police Force Act 2004;
Open s 2
regulations
Defined · s 2
“regulations” means any regulations made under this Act;
Open s 2
senior officer of customs
Defined · s 2
“senior officer of customs” has the meaning given by the Customs Act 1960;
Open s 2
special police officer
Defined · s 2
“special police officer” means a member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004;
Open s 2
unmanned aircraft
Defined · s 2
“unmanned aircraft” and “unmanned aircraft system” have the meanings given by section 2(1) of the Air Navigation Act 1966;
Open s 2
unmanned aircraft system
Defined · s 2
“unmanned aircraft” and “unmanned aircraft system” have the meanings given by section 2(1) of the Air Navigation Act 1966;
Open s 2
unmanned vessel
Defined · s 2
“unmanned vessel” means a vessel equipped wholly or substantially with an autonomous system (such as an unmanned surface vehicle and a saildrone) and includes a barge drawn by an unmanned vessel;
Open s 2
vehicle
Defined · s 2
“vehicle” means any means of transport used on land, whether self-propelled or not, such as a train, motor car, bicycle or personal mobility device;
Open s 2

Report

Read on from s 25

Part 4

Treatment and Rehabilitation

Read on from Part 4

Part 5

Taking of Photographs, Finger Impressions, Particulars and Body Samples

Read on from Part 5

Part 6

Committee of Inquiry

Read on from Part 6

Part 7

General

Read on from Part 7

Schedules

Read on from Schedules