2016 CRMINALl>mcED!'RE ANTI EVIDENC'ti /\.MENDl\1 E::--1 (g) afford the owner or possessor thereof an opportunity to lodge at a specified police station a \Yritten objection to th(~ retention of the article within forty-eight hours of the date of issuance of the notice of continued retention; and if no such objection is lodged, the seized article may be retained in custody by the police until the pertinent criminal proceedings have heen concluded, abandoned or discontinued and the seized article dealt with in accordance with this Part. (2) If the owner or possessor of a seized article is not served with a notice of continued retention after the expiry of the period specified in subsection ( l) and no prosecution in respect oft he seized article is initiated within that time, then the owner or possessor has the right to recover the article (unless it is one whose possession is intrinsically unlmYful) from the police upon mere production of the receipt issued to him or her by a police officer in relation thereto, unless a fXllicc officer forthwith delivers to the owner or possessor the notice of continued retention, and subsection (1) shall thereupon apply in relation to such notice. (3) Immediately upon receiving any objection to a notice of continued retention of a seized article, a police of!icer shall apply for a warrant of further retention of the seized article in terms of subsection (4 ), upon not less than seven days' written notice to the owner or possessor thereof, or, if his or her whereabouts 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. (4) An application for a \varrant of further retention of a seized article shall be made by a police officer to a magistrate or justice (other thana police officer) havingjurisdictionoverthe area where the article was seized, for which purpose the police officer shall swear hy affidavit that the seized article (of a description and having the identification number specified in the affidavit) is required in evidence in criminal proceedings and that(a) investigations in respect thereof are ongoing and are being actively pursued without undue delay; and (b) a full receipt in respect ofthe article was issued on a specified date; and (c) written notice of the time and place of the application for the warrant of further retention of the seized article was timeously given to the owner or possessor thereof or other person mentioned in subsection (3). (5) In an application for a warrant of fmiher retention of a seized article the magistrate or justice shall, if the owner or possessor thereof, or other person mentioned in subsection (3), is present, allow(a) him or her to make representations in person, in writing or through a legal practitioner, in opJX)Sition to the application; and (b) the applicant JXllice officer to respond to any submissions made under paragraph (a); but no postponement of the application shall be entertained, and no submissions shall he made by either pa1iy except those concerning- ..Jj No.2

Select target paragraph3

Add to table of contents