Topic of Research
SALE OF DRUGS ACT 1952
(REVISED 1989)
Act relating to the sale of drugs
Apply to the States of West Malaysia only
“Drug”
Any substances, products or article used or capable of being used internally or externally on humans or any animals for medicinal purposes
“Medicinal Purpose”
a. Alleviating, treating, curing or preventing a pathological condition or symptoms of a disease
b. Diagnosing a disease or ascertaining its presence, degree or extent.
c. Contraception
d. Inducing anaesthesia
e. Maintaining, modifying, preventing, restoring, or interfering with the normal operation of a physiological function.
f. Controlling body weight
g. General maintenance or promotion of health and well-being.
“Sale’’ or “Sell”
Includes any of the following:
a. Barter and exchange
b. Offering or attempting to sell
c. Exposing for sale
d. Receiving
e. Sending or delivering
f. Having in possession for sale
Appointment of Analysts, Officers and Inspectors
By the The Yang di Pertuan Agong and the Chief Minister
Power and Duties
Officer or Inspector
a. Enter into or inspect any place where there is drug intended for sale
b. Mark, seal, secure, weigh, count or measure the sale, preparation or manufacture of any drug which appears to be contrary to the Act.
c. Inspect any drug
Officer
a. Seize any drug which is or appears to be harmful to health
b. Destroy any drug which is decayed.
Complaint can be made to the Court of a Magistrate within forty-eight hours after seizure.
The article seized shall become the property of the Government and shall be destroyed or properly disposed to avoid human consumption.
Drug Samples for Analysis
Any officer or inspector may:
a. Select and take any samples of drug for analysis.
b. Inspect the package of the sample drug.
c. Analyze any person in possession of the sample.
Power to Call for Information
When suspecting that any person is in possession of any drug or substance for sale or manufacture in breach of this Act, he may require such person to produce, for inspection, books or documents dealing with reception, possession