No.2
2016
(c)
(d)
thetruthorotherwiseof<mystatement referred to in subsection
(4) (a). (b) or (c); and
any allegation by the applicant police officer that the notified
party or the party who is opposing the application is not
entitled to the possession or mvnership of the sei/ed article
by reason of not having a full receipt in relation thereto or
for some other lawful reason;
and the application must be determined on the same day on which it was
made, whether the notified person is present or not.
(6) The cfTect of(a)
the issuance of a warrant of further retention of a seized
article is that the article may be retained in custody by the
police until the pertinent criminal proceedings have been
concluded, abandoned or discontinued and the seized article
dealt with in accordance with this Part; or
(b)
the refusal to issue a warrant of further retention of the
seized article is that it must be returned without dela: to
the holder of the rec<~ipt issued in respect thereof. subject
to any directions the magistrate or justice may gi,·e for the
preservation or safe custody of the same until the expiry of
a specified period or on the initiation of a prosecution in
connection therewith. whichever event happens earlier.
(7) Any holder of the receipt referred to in subsection (G)(b) who
fails to comply with any directions given to him or her for the preservation
or safe custody of the article returned to him or her until the expiry of
a specified period or on the initiation of a prosecution in connection
therewith, whichever event happens earlier, shall he guilty of the crime
of defeating or obstructing the course of justice contrary to section 184
of the Criminal Law Code and liable to the penalties therefor.
588 Manner of service of notices for purposes of sections 58
and 58A
References to a police officer(a)
issuing a notice of destruction or disposal of a seized article
to the owner or possessor thereof or other person to whom a
full receipt was giveninrespect of its seizure for the purpose
of section 58(3)(a);
(b)
notifying such owner, possessor or person f()r the purpose
of section 58(3)(c);
(c)
notifying such owner. possessor or person for the puqx1se
of section 58(4);
(d)
issuing a notice of further retention of a seized article to the
owner or possessor thereof or other person to whom a full
receipt was given in respect of its seizure for the purpose
of section 58A(l );
(e)
notifying such owner, possessor or person for the purpose
of section 58A(3);
are to be interpreted as requiring the JX.1lice officer to deliver such notice
to the owner, possessor or person concerned or his or her authorised
representative in any of the following ways( f)
by handdeliveryto the owner, possessor, personrepresentat ive
concerned in person, or to a responsible individual at the place
of business or residential address of the owner, JX)ssessor,
person representative; or
46
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