2016
CFi!MlNALl~)CEDl'RE .\:\D }~\IDI;:\CL' .\~lh~D~JENT
police officer, such article was stolen, and shall warn such person to hold
such article available for productional any resultant criminal proceedings,
if required to do so.
(3) If the seized article needs to he destroyed or disposed of
because it is perishable or has become a hazard to human health or safety,
and there is any valid reason for not returning the article in question to
the owner or possessor thereof or other person to whom a full receipt was
given in respect of its seizure, then the police officer shall(a)
issue to the owner or possessor thereof or other holder of
the full receipt a notice of destruction or diSJX)Sal of a seized
article substantially in the form set out in the I :Jeventh
Schedule, in which the owner, possessor or holder is also
notifiedofhis or her right to object tot he proposed destruction
or disposal within fourteen days of the date of issuance of
the notice; and
(h)
not earlier than fourteen days thereafter destroy the article
or have it destroyed, or dispose oft he article in such manner
as the circumstances may require; and
(c)
at least twenty-four hours he fore the day on which the article
is to be destroyed or disposed of, notify in writing the person
to whom the notice of destruction or disposal of the seized
article was issued, and afford the notified person or his or
her authorised representative an opJX)rtunity to witness the
destruction or disposaL
(4) Immediately upon receiving any objection to a notice of
destruction or disposal of a seized article, a police officer shall apply for a
warrant of destruction or disposal of a seized article in terms or subsection
(5), upon not less than seven days' written notice to the owner or possessor
thereof, or, if his or her whcrealx1uts or identity cannot be ascertained
after due inquiry, upon delivery of the notice to the same person or in the
same manner and at the same place as the receipt referred to in section
49(2) was delivered.
(5) An application for a warrant of destruction or disJXlsal of a
seized article shall he made hy a police officer to a magistrate or justice
(other than a police officer) having jurisdiction over the area where the
article was seized, for which purpose the police officer shall swear b)
affidavit that(a) the seized article (of a description and having the identification
number specified in the affidavit) needs to be destroyed or
disposed of because it is perishable or has become a hazard
to human health or safety; and
(h) there is a valid reason (specified in the affidavit) for not
returning the article in question to the owner or possessor
thereof or other person to whom a full receipt was given in
respect of its seizure; and
(c)
(d)
a full receipt in respect of the article was issued on a specified
date; and
written notice of the time and place of the application for
the warrant was timeously given to the owner or possessor
thereof or other person mentioned in paragraph (b).
43
No.2
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