CRIMINAL PROCEDURE AND EVIDENCE ACT (i) a warrant would be issued to him in terms of paragraph (a) of subsection (1) of section fifty if he applied for one; and (ii) the delay in obtaining a warrant would prevent the seizure or defeat the object of the search, as the case may be. (2) Where a police officer has reason to suspect that an offence has been committed by any person on board a boat on inland waters, it shall be lawful for him to stop, go on board and search such boat without warrant and to seize any thing which he has reasonable grounds for believing will afford evidence as to the commission of an offence under any law. (3) Any person who, when called upon in terms of subsection (2) to stop a boat under his control, fails to comply immediately with such request shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. [Subsection amended by s. 4 of Act No. 22 of 2001.] (4) A police officer executing a search without a warrant in the circumstances specified in subsection (1) (b) shall, upon demand of any person whose rights in respect of any search or article seized under the warrant have been affected, furnish that person with the particulars of his or her name, rank and number, and the reasons for carrying out the search and seizure without warrant. [Subsection inserted by s. 18 of Act No. 2 of 2016] (5) Any police officer who contravenes subsection (4), shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment, unless the affected person is lawfully charged with and arrested for an offence in connection with such search and seizure.”. [Subsection inserted by s. 18 of Act No. 2 of 2016] 52 Seizure of article on arrest or detention of person carrying same (1) On the arrest and search of any person, the person making the arrest may— (a) if he is a peace officer, seize any article referred to in section forty-nine which is in the possession or under the control of the person arrested and, where such peace officer is not a police officer, shall forthwith deliver any such article to a police officer; or (b) if he is not a peace officer, seize any article referred to in section forty-nine which is in the possession or under the control of the person arrested and shall forthwith deliver any such article to a police officer. (2) A police officer to whom an article is delivered under subsection (1)(a) or (b) shall forthwith, and in any event not later than forty-eight hours after such delivery, make and deliver the full receipt referred to in section 49(2), and any failure to do so entitles the owner or possessor thereof to demand the return of the seized article upon expiry of that period, unless the article or articles in question are of a kind whose possession is intrinsically unlawful. [Subsection substituted by s. 19 of Act No. 2 of 2016] (3) Any police officer may stop and interrogate any person who is found at any time between sunset and sunrise carrying or transporting any goods or articles of any description and if— (a) such person does not account satisfactorily for the possession of the goods or articles so being carried or transported; and (b) there are reasonable grounds for suspecting that such goods or articles — (i) have been criminally procured; or (ii) are of a kind whose possession is intrinsically unlawful; such officer may convey such goods or articles and the person so carrying or transporting the same to any prison or police station, and detain such person in custody: Provided that section 32(3) and the other provisions of this Act relating to the rights of arrested persons shall apply in relation to the person so detained and, if he or she is released from custody, the goods and articles that he or she was carrying or transporting shall be returned to him or her, unless they are seized and a full receipt therefor is given to him or her in accordance with section 49. 34