TITLE IV
Search Warrant and Seizure and Restitution of Property
15. Cases in which search warrant may be issued, and proceedings thereunder
(1) Any Magistrate who is satisfied upon oath that there is reasonable ground for
believing that there is, in any building, ship, carriage, box, receptacle or place—
(a) anything upon or in respect of which any offence has been or is suspected to
have been committed, for which, according to any law for the time being in
force, the offender may be arrested without warrant;
(b) anything which there is reasonable ground for believing will afford evidence
as to the commission of any such offence; or
(c) anything which there is reasonable ground for believing is intended to be
used for the purpose of committing any offence against the person, for which
according to any law for the time being in force, the offender may be
arrested without warrant,
may at any time issue a warrant authorising some constable named therein to search the
building, ship, carriage, box, receptacle, or place for the thing, and to seize and carry it
before the Magistrate issuing the warrant or some other Magistrate.
(2) Every search warrant may be issued and executed on a Sunday, and shall be
executed between the hours of five o’clock in the morning and eight o’clock at night:
Provided, however, that the Magistrate, in his or her discretion may by the warrant,
authorise the constable to execute it at any hour.
(3) When the thing is seized and brought before the Magistrate, he or she may detain
it, taking reasonable care to preserve it till the conclusion of the case; and, if any appeal is
made, or any person is committed for trial, he or she may order it further to be detained
for the purpose of the appeal or of evidence on the trial. If no appeal is made, or no
person is committed, the Magistrate shall direct the thing to be restored to the person
from whom it was taken, except in the cases hereinafter mentioned, unless he or she is
authorised or required by law to dispose of it otherwise.
(4) If, under any such warrant, there is brought before any Magistrate any forged
banknote paper, instrument or any other thing, the possession whereof, in the absence of
lawful excuse, is an indictable offence according to any law for the time being in force,
the Magistrate may direct the thing to be detained for production in evidence, or to be
otherwise dealt with as the case may require.
(5) If, under any such warrant, there is brought before any Magistrate any counterfeit
coin or any other thing, the possession of which, with knowledge of its nature and without
lawful excuse, is an indictable offence, according to any statute for the time being in
force, it shall be delivered up to the Permanent Finance Secretary, or to any person
authorised by him or her to receive it, as soon as it has been produced in evidence, or as
soon as it appears that it will not be required to be so produced.
6) If the thing to be searched for is gunpowder or any other explosive or dangerous
or noxious substance or thing, the person making the search shall have the same powers
and protections as are given by any statute for the time being in force to any person
lawfully authorised to search for any such thing, and the thing itself shall be disposed of
in the manner directed by the statute, or, in default of such direction, as the GovernorGeneral may order.
16. Seizure of property obtained by, or the proceeds of, an offence
A Judge or any Magistrate may order the seizure of any property which there is reason
to believe has been obtained by, or is the proceeds of, any offence, or into which the
proceeds of any offence have been converted, and may direct that the same shall be kept
or sold, and that the same, or the proceeds thereof, if sold, shall be held as he or she
directs, until some person establishes, to his or her satisfaction, a right thereto. If no
person establishes such a right within twelve months from the seizure, the property, or the
proceeds thereof, shall become vested in the Permanent Finance Secretary for the use of
the State and shall be disposed of accordingly.
17. Seizure of things intended to be used in commission of an offence
A Judge or any Magistrate may order the seizure of any instruments, materials, or
things which there is reason to believe are provided or prepared, or being prepared, with a
view to the commission of any offence, and may direct them to be held and dealt with in
the same manner as property seized under the last preceding section.
18. Enforcement of order of seizure by search warrant
Any order made under either of the two last preceding sections may be enforced by a
search warrant.
19. Application of money found on person apprehended
If, upon the arrest of any person charged with an offence, any money is taken from
him or her, the Court may, in its discretion, in case of his or her conviction, order the
money, or any part thereof, to be applied to the payment of any costs or compensation
directed to be paid by him or her.
20. Restitution of property in case of conviction
(1) Subject as hereinafter provided, when any person is convicted of an offence, any
property found in his or her possession, or in the possession of any other person for him
or her, may be ordered by the Court to be delivered to the person who appears to the
Court to be entitled thereto.
(2) When any person is convicted of having stolen or dishonestly obtained any
property, and it appears to the Court that it has been pawned to a pawnbroker or other
person, the Court may order its delivery to the person who appears to the Court to be the
owner, either on payment or without payment to the pawnbroker or other person of the
amount of the loan or any part thereof, as to the Court, under all the circumstances of the
case, may seem just. If the person in whose favour any such order is made pays the
money to the pawnbroker or other person under the order and obtains the property, he or
she shall not afterwards question the validity of the pawn, but, save to that extent, no
order made under this section shall have any further effect than to change the possession,
and no such order shall prejudice any right of property or right of action in respect to
property existing or acquired in the goods either before or after the offence was
committed.
(3) Nothing in this section shall prevent the Court from ordering the return to any
person charged with an offence, or to any person named by the Court, of any property
found in the possession of the person charged or in the possession of any other person for
him or her, or of any portion thereof, if the Court is of opinion that the property or portion
thereof can be returned consistently with the interests of justice and with the safe custody
or otherwise of the person charged.