CRIMINAL PROCEDURE AND EVIDENCE ACT (3) If an owner or possessor from whom any article is seized in accordance with this Part did not receive a full receipt therefor by reason having been arrested in connection with an offence involving the article, he or she shall have the right to demand and receive such a receipt immediately upon being released on bail or upon being conditionally released, and thereupon he or she becomes entitled to all the rights provided under this Part to holders of such receipts. [Subsection inserted by s. 16 of Act No. 2 of 2016] (4) Any police officer responsible for the seizure of an article under this Part who— (a) fails to comply with subsection (2); (b) fails, upon a demand being made by an owner or possessor of the article pursuant to subsection (3), to furnish a full receipt in respect of that article; shall, unless the article or articles in question are articles whose possession is intrinsically unlawful, 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 inserted by s. 16 of Act No. 2 of 2016] 50 Article to be seized under warrant (1) Subject to sections fifty-one, fifty-two and fifty-three, an article referred to in section forty-nine shall be seized only by virtue of a warrant issued— (a) by a magistrate or justice (other than a police officer), if it appears to the magistrate or justice from information on oath that there are reasonable grounds for believing that any such article is in the possession or under the control of any person, or upon or in any premises or area, within his area of jurisdiction; or [Paragraph amended by s. 44 of Act No. 1 of 2002 and by s.17 of Act No. 2 of 2016] (b) by a judge or magistrate presiding at criminal proceedings, if it appears to the judge or magistrate that any such article in the possession or under the control of any person or upon or in any premises is required in evidence in the proceedings. (2) A warrant issued in terms of subsection (1) shall require a police officer to seize the article in question and shall to that end authorize such police officer, where necessary— (a) to search any person identified in the warrant, or any premises within an area identified in the warrant; or [Paragraph amended by s. 44 of Act No. 1 of 2002.] (b) to enter and search any premises identified in the warrant and to search any person found upon or in those premises. (3) A warrant— (a) may be issued on any day and shall be of force until it is executed or it is cancelled by the person who issued it or, if that person is not available, by a person with like authority; and (b) shall be executed by day, unless the person issuing the warrant in writing authorizes the execution thereof by night. (4) A police officer executing a warrant in terms of this section shall, before or after such execution, upon demand of any person whose rights in respect of any search or article seized under the warrant have been affected, hand to him a copy of the warrant. [Subsection amended by s. 17 of Act No. 2 of 2016] 51 Search and seizure without warrant (1) A police officer may, without warrant, search any person or container or premises for the purposes of seizing any article referred to in section forty-nine and additionally, or alternatively, seize any such article— (a) if the person concerned consents to the search for and additionally, or alternatively, the seizure of the article in question or if a person who may consent to the search of the container or premises consents to such search and additionally, or alternatively, the seizure of the article in question; or (b) if he on reasonable grounds believes that— 33