(5) Any finger-prints, palm-prints, footprints or photographs and the records of any steps taken under this section shall be destroyed if the person concerned is found not guilty at his trial or his conviction is set aside by a superior court or the Attorney-General declines to prosecute him in terms of paragraph (a) of subsection (1) of section one hundred and one or the charge against him is withdrawn. 42 Resisting arrest (1) If any person who is authorized or required under this Act or any other enactment to arrest or assist in a rresting another person attempts to make the arrest and the person whose arrest is attempted— (a) resists the attempt and cannot be arrested without the use of force; or (b) flees when it is clear that an attempt to arrest him is being made or resists the attempt and flees; the person attempting the arrest may, in order to effect the arrest, use such force as is reasonably justifiable in the circumstances of the case to overcome the resistance or to prevent the person concerned from escaping. (2) Where a person whose arrest is attempted is killed as a result of the use of reasonably justifiable force in terms of subsection (1) the killing shall be lawful if the person was to have been arrested on the ground that he was committing or had committed, or was suspected on reasonable grounds of committing or having committed an offence referred to in the First Schedule. 43 Power to retake on escape If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him or cause him to be pursued and arrested in any place in Zimbabwe. 44 ….. [Section repealed by Act No. 23 of 2004.] 45 Saving of other powers of arrest Nothing in this Part shall be construed as taking away or diminishing any authority specially conferred by any other enactment to arrest, detain or put any restraint on any person. 46 Saving of civil rights Nothing in this Part shall be construed as taking away or diminishing any civil right or liability of any person in respect of a wrongful or malicious arrest. PART VI S EARCH WARRANTS, S EIZURE , DETENTION AND DISPOSAL O F P ROPERTY C ONNECTED WITH O FFENCES AND CUSTODY O F WOMEN UNLAWFULLY DETAINED F OR IMMORAL P URPOSES 47 Interpretation in Part VI In this Part— “article” includes any document or substance. 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 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. 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, 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 section 44 of Act 1 of 2002.] (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