Criminal Law Code as at 1st March 2007
Director-General by the court at the time of delivery to him of the forfeited dangerous
drugs.
(2) Within fourteen days of the written communication referred to in subsection (1),
the custodian police officer shall appoint a date and time, which shall not be before the
expiry of the period within which an appeal against the conviction concerned may be
noted, for the total destruction by incineration of such drugs:
Provided that, where an appeal has been noted, the drugs shall not be destroyed until
such time as the appeal has been abandoned or determined, whereupon this subsection
shall apply.
(3) For the purposes of subsection (2) there is hereby constituted a panel comprising
a police officer of or above the rank of superintendent designated by the Commissioner
of Police, a senior customs officer designated by the Commissioner-General of the
Zimbabwe Revenue Authority, the Director-General or an inspector designated by him
and a senior official of the Ministry responsible for justice designated by the AttorneyGeneral, who shall, if they so decide whether on their own initiative or at the request of
the custodian police officer concerned, assist the custodian police officer in the
destruction of all dangerous drugs, other than cannabis plants, forfeited to the State.
(4) On the date and time appointed by the custodian police officer under subsection
(2), the panel referred to in subsection (3) may attend to the destruction by incineration
of the drugs concerned in the full view and presence of each other and, immediately
thereafter, shall sign a joint declaration in the prescribed form, attesting to the total
destruction of the drugs.
(5) Within fourteen days of the destruction of any dangerous drugs forfeited to the
State, the Director-General shall cause to be published in the Gazette for public
information the joint declaration referred to in subsection (4).
(6) Whenever the custodian police officer is prevented by illness or other reasonable
cause from discharging his functions under this section, such functions shall be
discharged by any police officer of or above the rank of sergeant designated by the
custodian police officer for that purpose.
(7) Cannabis or other article forfeited under this Part shall, unless the court
otherwise directs, be burned or otherwise destroyed in the presence of a specified police
officer.
14H
Forfeiture on acquittal or withdrawal of charge
At the conclusion of any proceedings in connection with a dangerous drugs crime,
resulting in the accused being acquitted or the charge against him being withdrawn or
otherwise dismissed, the court shall order that any drug, other than cannabis, which was
seized in connection with the proceedings, shall be forfeited to the State, and sections
fourteen F and fourteen G shall apply, mutatis mutandis, in relation to the drug:
Provided that, if the drug is further required as an exhibit at a trial, this section shall
not apply in relation to the drug.
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