No.2 CRI\!lNALPr~:x·EDUHE A:'\T) EnDENCE A.'I,IENDM E'\1 (a) contravenes subsection (3); or (b) enters a dwelling without the consent of the occupier thereof in the purported exercise of powers under subsection (I) or (2); shall be guilty of an otfence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such tine and such imprisonment, unless, in the case of a contravention of subsection(:~), the affected person is lawfully charged with and arrested for an offence in connection \vith the exercise of powers under subsection (I) or (2). ". 21 New section substituted for section 58 of Cap. 9:07 Section 58 of the principal Act is repealed and the following sections are substituted"58 Custody and disposal of seized articles (I) Su~ject to subsection (2), a police officer who seizes any article referred to in section 49 or to whom any such article is delivered in terms of this Part or to whom an article seized in terms of any other enactment is delivered to be dealt with in terms of this Part, shall(a) take it or cause it to be taken fortlnvith ami deli' ered to a place of security under the control of a police officer; and (b) have all relevant particulars in relation to it and its seizure entered in an inventory (which may be an electronic inventory, provided that a manual or material back-up of the inventory is maintained simultaneously) kept at the place of custody, namely a sufficient description of the article, details of the date and particulars of the full receipt (if any) issued in relation thereto, and the identification number and mark assigned to it; and (c) endeavour to ensure that the article, if vulnerable to damage or contamination from moisture or dust, is kept free from contamination by moisture and dust, and that the place of security where it is lodged is protected from access by unauthorised persons; and (d) be held, subject to section 59, until the criminal proceedings which are instituted in relation to that artide(i) have been abandonedordiscontinuedor are concluded otherwise than with the conviction of the accused, in which event the custodian police officer shall forthwith restore any such article the accused or the owner thereof, as may be appropriate, unless the article is one whose possession is intrinsically unla\x.'fuL or (ii) have resulted in the convictionofthe accused, in which event the convicting cotnt shaHA. order any such thing to be restored to the accused or the owner thereof, as may be appropriate; or B. order any such article to be forfeited to the State or destroyed. (2) A police officer may, ifthe article is stolen property or property suspected to be stolen, with the consent of the person from whom it was seized, deli\'erthe article to the person from whom, in the opinion of such 2016