PART IV - PROVISIONS RELATING TO CRIMINAL PROCEEDINGS
74 Provisions of this Part generally applicable to summonses and warrants
The provisions contained in this Part relating to the issue, service and execution of summonses and warrants shall, so far as they may be applicable, apply to the issue, service and execution of every summons and every warrant of arrest issued under this Act.
75 Power to issue search warrant
Where it is proved on oath to a magistrate that in fact or according to reasonable suspicion anything upon, by or in respect of which an offence has been committed, or anything which is necessary to the conduct of an investigation into any offence, is in any building, ship, aircraft, vehicle, box, receptacle or place, the magistrate may issue a search warrant authorising a police officer or other person therein named to search the building, ship, aircraft, vehicle, box, receptacle or place, which shall be named or described in the warrant, for any such thing and, if anything searched for be found, or any other thing which there is reasonable cause to suspect to have been stolen or unlawfully obtained be found, to seize it and bring it before the District Court to be dealt with according to law.
76 Execution of search warrants
(1) A search warrant may be issued on any day, including a Sunday or a public holiday, and may be executed on any day, including a Sunday or a public holiday, between the hours of sunrise and sunset, but the magistrate may by the warrant, in his discretion, authorise the police officer or other person to whom it is addressed to execute it at any hour.
(2) As soon as practicable after the execution of a search warrant, the warrant shall be returned to the District Court endorsed with details of its execution ; the person upon whose application the warrant was issued shall be responsible for its proper return.
77 Persons in charge of closed places to allow ingress thereto and egress therefrom
(1) Where any building or other place liable to search in execution of a search warrant is closed, any person residing in or being in charge of that building or place shall, on demand of the police officer or other person executing the warrant and on production of the warrant, allow him free ingress thereto and egress therefrom and afford all reasonable facilities for a search therein.
(2) If ingress to or egress from any building or other place liable to search in execution of a search warrant is not allowed in accordance with the last preceding subsection, the police officer or other person executing the warrant may proceed in the manner authorised by sections 12 and 13 of this Act.
(3) Where any person in or about any building or place liable to search in execution of a search warrant is reasonably suspected of having any article for which search is authorised concealed about his person, that person may be searched ; if that person is a woman or girl, the provisions of subsection (4) of section 15 of this Act shall be observed.
78 Detention of property seized
(1) Where any thing is seized and brought before the District Court under the provisions of section 76 of this Act, it may be detained until the conclusion of the case or the inquiry, reasonable care being taken for its preservation.
(2) If any appeal is taken, or if any person is committed for trial, the District Court may order that anything seized and brought before it under the provisions of section 76 shall be further detained for the purpose of the appeal or the trial.
(3) If no appeal is taken, or if no person is committed for trial, the District Court shall direct that anything seized and brought before it under the provisions of section 76 shall be restored to the person from whom it was taken, unless the Court is authorised or required by law to dispose of it otherwise or that person consents to its being disposed of otherwise.
79 Provisions applicable to search warrants
Where applicable the provisions of sections 64(1) and (3), 66 and 69 of this Act shall apply to all search warrants issued under section 75 of this Act.
Other forms of cooperation
Taking of evidence - national proceedings
Search and seizure - national proceedings
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