CRIMINAL PROCEDURE AND EVIDENCE ACT
“full receipt”, in relation to an article seized in terms of this Part, means a receipt specifying
the nature of the article, the name and address of the person from whom it was seized and (if
some other person is known to be the owner thereof) the name and address of the owner
thereof, the date of seizure and the place of custody, and the name and signature of the seizing officer:
Provided that if three or more such articles are seized from the same person at the same
time, the receipt may refer to a description of the articles in a list attached thereto that is
signed by the seizing officer and retained by the person from whom it was seized;
“occurrence book” means the journal kept at a police station of events required to be recorded therein on a daily basis;
“premises” or “land” includes any container, vehicle, vessel or aircraft present within or upon
such premises or land.
[Section substituted by s. 15 of Act No. 2 of 2016]
48 Savings as to certain powers conferred by other enactments
This Part shall not derogate from any power conferred by any other enactment to enter any
premises, to search any person, container or premises, to seize any article, to declare any article
forfeited or to dispose of any article.
49 State may seize certain articles
(1) The State may, in accordance this Part, seize any article—
(a) which is concerned in or is on reasonable grounds believed to be concerned in, the
commission or suspected commission of an offence, whether within Zimbabwe or elsewhere; or
(b) which it is on reasonable grounds believed may afford evidence of the commission or
suspected commission of an offence, whether within Zimbabwe or elsewhere; or
(c) which is intended to be used or is on reasonable grounds believed to be intended to be
used in the commission of an offence.
(2) A police officer who seizes and removes any article in accordance with this Part, whether
under or without a warrant, must make a full receipt in duplicate for the article so seized and
removed, and—
(a) give a copy of it to the owner or possessor thereof (unless the owner or possessor of the
article is arrested in connection with an offence involving the article, in which case paragraphs (b), (c) and (d) following apply); or
(b) in the absence of the owner or possessor, or if the owner or possessor of the article is
arrested in connection with an offence involving the article, or if the owner or possessor
is unknown or cannot be ascertained by the police officer after due inquiry, give a copy
of it to (as the case may be)—
(i) the person apparently in charge or control of or in lawful occupation of the land,
premises upon or in which the article is seized; or
(ii) the person apparently in charge or control of the vehicle, vessel or aircraft from
which the article is seized;
(c) in the absence of the persons referred to in paragraph (b), give a copy of it to (as the
case may be)—
(i) an apparently responsible person present upon or in the land or premises from
which the article is seized; or
(ii) an apparently responsible person present as a passenger within the vehicle, vessel
or aircraft from which the article is seized and removed;
(d) in the absence of all of the persons referred to in paragraph (a), (b) and (c), attach or
leave a copy of the receipt in any part of the premises, land, vehicle, vessel or aircraft
from which the article to which the receipt relates was seized and removed.
[Subsection inserted by s. 16 of Act No. 2 of 2016]
32
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