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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