PART II PROCEEDINGS BEFORE A MAGISTRATE
TITLE 3 – ENFORCING APPEARANCE OF ACCUSED PERSON

Search Warrant
50. (1) Any magistrate who is satisfied by proof 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 indictable offence has been or is suspected to have been committed for which, according to any written law for the time being in force, the offender may be arrested without warrant; or
(b) anything which there is reasonable ground for believing will afford evidence as to the commission of that offence; or
(c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing any indictable offence against the person for which, according to any written law for the time being in force, the offender may be arrested without warrant,
may at any time issue a warrant under his hand authorising some police or other constable named therein to search that building, ship, carriage, box, receptacle, or place for the thing, and to seize and take it before the magistrate issuing the warrant, or some other magistrate, to be by him dealt with according to law.

(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 that the magistrate, in his discretion, may by the warrant authorise the constable to execute it at any hour.

(3) When the thing is seized and brought before a magistrate, he may detain it or cause it to be detained, taking reasonable care that it is preserved until the conclusion of the inquiry; and, if any person is committed for trial, he may order it further to be detained for the purpose of evidence on the trial, but if 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 hereafter in this section mentioned, unless he is authorised or required by law to dispose of it otherwise.

(4) If, under any warrant aforesaid, there is brought before any magistrate any forged bank note, bank note paper, instrument or other thing, the possession of which, in the absence of lawful excuse, is an indictable offence according to any written law for the time being in force, the court if the person is committed for trial, or if there is no commitment for trial the magistrate, may cause it to be defaced or destroyed.

(5) If, under any warrant aforesaid, there is brought before a magistrate any counterfeit coin or other thing, the possession of which, with knowledge of its nature and without lawful excuse, is an indictable offence according to any written law for the time being in force, it shall be delivered up to the Commissioner of Police, or to any person authorised by him 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 written law for the time being in force to any person lawfully authorised to search for that substance or thing, and the thing itself shall be disposed of in the same manner as directed by that written law, or, in default of that direction, as ordered by the Commissioner of Police.

PART IV
TITLE 13 – MISCELLANEOUS MATTERS

Seizure and Restitution of Property
203. (1) Any magistrate, or the Court, may order the seizure or attachment of any property which there is reason to believe has been obtained by, or is the proceeds of, any indictable offence, or into which the proceeds of any indictable offence have been converted, and may direct that the property shall be kept or sold, and that it, or the proceeds thereof if sold, shall be held as the magistrate or the Court directs, until some person establishes, to the magistrate’s or the Court’s satisfaction, a right thereto, and if no person establishes the right within twelve months from the seizure or attachment, the property, or the proceeds thereof, shall become vested in the Accountant General for the public use and be disposed of accordingly.

(2) Any magistrate, or the Court, may order the seizure or attachment 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 indictable offence, and may direct them to be held and dealt with in the same manner as property seized under the preceding subsection.

(3) An order made under either of the two preceding subsections may be enforced by a search warrant under this Act.

(4) Prior to an order being made under subsection
(1) directing that immovable property be attached, notice of the proceedings therefor shall be served on such persons whom the magistrate or the Court considers to have an interest in or right over the property and upon the Registrar of Deeds.

(5) Any person who has been served with a notice pursuant to subsection (4) or any other person whom the magistrate or the Court is satisfied has an interest in or right over the property attached may appear before the magistrate or the Court and show cause why the property should not be attached and the magistrate or the Court may thereafter make such order as he or it sees fit.

(6) Where directions have been given under subsection (1) that property be sold such directions shall not, except when the property is a live animal, bird or fish or is perishable, be carried out until –

(a) the period specified in that subsection has expired; or

(b) the period allowed for making an appeal against the order has expired; or

(c) where such an appeal is duly made, until the appeal has been finally determined or abandoned, whichever is the latest event:

Provided that, other than in those matters for which exceptions are made by the foregoing provisions, an order made under subsection (1) shall have effect as an order for the retention of the property by the State pending the disposal of any appeal which may have been filed against it and for that purpose the magistrate or the Court may as he or it sees fit direct that such steps be taken to ensure the safe custody of the property including any income arising therefrom.

(7) For so long as an order made under subsection
(1) or any proceedings thereunder subsist the Registrar of Deeds, notwithstanding anything to the contrary in any other law, shall not give effect to any transaction affecting any property the subject matter of the order.

(8) Nothing in this section shall be deemed to confer any power on a magistrate or the Court to order the seizure or attachment of any property in the possession of, or held in the name of, a bona fide purchaser for value who could not have been reasonably aware that such property was obtained by or was the proceeds of an indictable offence.

(9) Where any property which is sought to be attached or seized under subsection (1) is shown to have been purchased in the name of, or to have come into possession of, a person or his spouse, children or other dependants after the commission of an indictable offence of which that person is convicted and if, in proceedings instituted under this section within the period of ten years after the date of the commission of the offence, it is alleged that the proceeds of the subject matter of the offence were wholly or partly converted into that property, it shall be presumed until the contrary is shown that the property was obtained by or was the proceeds of the offence.