ENACTMENT No. 3 Of 1989 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988
PART VI - SUPPLEMENTARY PROVISIONS Chapter XXIV - OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES
Section 188. Application for transfer to be supported by Affidavit.
(1) Every application for the exercise of the power conferred by the last preceding section shall be made by motion which shall be made by motion which shall, except when the applicant is the Pengarah Pendakwa or any Pegawai Majlis expressly authorised in writing by the Pengarah Pendakwa, be supported by Affidavit.
(2) Every such application shall be made before the trial of the offence has been concluded.
(3) When an accused person makes an application under this section, the Kadi Besar may, if he thinks fit, direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the expenses of the prosecution.
(4) Every accused person making any such application shall give to the Pengarah Pendakwa notice in writing of the application, together with a copy of the grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application.