Criminal Law Code as at 1st March 2007
14D
Powers of search, seizure and forfeiture
(1) Notwithstanding anything to the contrary contained in any other enactment, and
without derogation from section sixteen, if any inspector, customs officer, or police
officer above the rank of sergeant (or below the rank of sergeant with the written
authorisation of a police officer above the rank of sergeant) has reasonable grounds for
believing that any person is in unlawful possession of any dangerous drug, he may,
without a search warrant—
(a) enter upon any land where such person is believed to be, and there require
him to produce for his inspection such dangerous drug; or
(b) search such person or any animal in his possession, and enter and search any
land, building, vehicle, aircraft, train, vessel, or boat in the possession or use
of such person:
Provided that—
(i) a person shall be searched only by a person of like sex; and
(ii) such search shall be done with the strictest regard to decency and decorum;
and seize any dangerous drug in the possession of such person and, unless he is satisfied
that such person will appear and answer any charge which may be preferred against
him, arrest and detain him.
(2) Any inspector, customs officer or police officer above the rank of sergeant (or
below the rank of sergeant with the written authorisation of a police officer above the
rank of sergeant) may at any time enter upon and inspect any land, building or other
structure on or in which plants, from which dangerous drugs are derived, may be found,
for the purpose of ascertaining if any such plants are being cultivated in contravention
of this Part or Chapter VII (“Crimes involving dangerous drugs”) of the Criminal Law
Code.
(3) If on any search or inspection made in terms of this section any dangerous drug,
pipe, receptacle or appliance for smoking or using the same or any plant which it is
suspected upon reasonable grounds is being cultivated in contravention of this Part or
Chapter VII (“Crimes involving dangerous drugs”) of the Criminal Law Code is found,
it may be seized and removed, together with any books, accounts or documents relating
thereto.
(4) Any person who is arrested and detained and any dangerous drug or article
which is seized in terms of subsection (1) or (3) shall be taken as soon as practicable
before a court of competent jurisdiction to be dealt with according to law.
(5) Any person who resists, hinders or obstructs an inspector or other person in the
lawful exercise of his powers under this section shall be guilty of an offence and liable
to a fine not exceeding level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
(6) If on the trial of any person for contravening or failing to comply with any
provision of this Act or any condition of any authority or licence issued thereunder it is
proved that any drug, pipe, receptacle, appliance or plant seized under this section was
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