No.2
2016
(i)
three months from the date when it was so seized, if
no criminal proceedings are instituted in connection
therewith \\ithin that period; or
(ii)
on the date that criminal proceedings, having been
instituted in connection therewith, are abandoned,
withdrawn or concluded otherwise than by the
conviction of the accused;
or
(b)
the article is declared forfeited to the State in terms of section
(>2(2);
whereupon it shall he destroyed or disposed of in accordance with this
section.
(3) If the seit.edarticle \Vhose possession is intrinsically unlawful
is, in the opinion of JX1lice officer seizing it, too hazardous or dangerous
to be removed or kept in custody in the manner prescribed by this section,
and accordingly needs to be destroyed on the spot or dealt with or kept
in custody in some other manner or place than that prescribed (whether
before or alier it is forfeited to the State), the police officer shall fortlm ith
communicate his or her apprehensions to the police orti~.;er in command
of the police district \Yithin which the article is seized, and shall comply
with any dire~.;tions as to the removal, custody, destruction or disposal
of the article as the police officer so in command may giYc him or her,
and shall record or cause to be recorded the following in the occurrence
book on the day of their occurrence or no later than hventy-four hours
thereafter(a)
the date of seizure of the article and a sufficient description
of it; and
(b)
the date of the communication of the seizing police officer's
apprehensions to the police officer in command oft he police
district within which the article is seized, and any directions
receiYed from the latter in relation thereto; and
(c)
the date and manner of the removal, custody, destruction or
disposal of the article.
(.+)Section 58( 1)(a), (b) and (c) applies to the custody of an article
whose possession is intrinsically unlawful except that(a)
if possible, it shall he kept in a place or security that is
exclusiYely reserved for the custody of seized articles whose
possession is intrinsically unlm\ ful; and
(b)
a separate inventory from that mentioned in section 58(1)(b)
shall be kept in relation to such articles; and
(c)
the police officer in control of the seized article shall be
subject to any di rcctions concerning the custody oft he article
issued hy the Environmentall\fanagementAuthority or other
agency of the State having any statutory responsibility in
respect of the seized article.
(5) Within seven days of the date of forfeiture in terms of
subsection ( 1), the police officer in command of the police district within
which the seized article is held in custody (hereafter in tins sed ion called
"the responsible JXllicc officer") shall communicate in writing to the
Commissioner-General ofPolice, or any Assistant Commissioner appointed
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