Section 5

In every case where information is given on oath to any magistrate that there is reasonable cause for suspecting that there is in any land, house or building any article, thing, book, document, installation or part thereof used or intended to be used in relation to which any offence under this Act has been committed, he shall issue a warrant under his hand by virtue of which any authorized officer or police officer not below the rank of Inspector named or referred to in the warrant may enter the land, house or building at any reasonable time by day or night, and search for and seize or seal any such article, thing, book, document, installation or part thereof:

Provided that if an authorized officer or police officer not below the rank of Inspector is satisfied upon information received that he has reasonable grounds for believing that by reason of delay in obtaining a search warrant, any article, thing, book, document, installation or part thereof used to commit or to be used to commit an offence under this Act is likely to be removed or destroyed, he may enter such land, house or building without a warrant and seize or seal any such article, thing, book, document, installation or part thereof from therein.

An authorized officer or a police officer not below the rank of Inspector making the search may seize any article, thing, book, document, installation or part thereof used or intended to be used or capable of being used for the purpose of committing an offence under this Act and if such article, thing, book, document, installation or part thereof is seized, he shall produce the same before the magistrate, and upon such production the magistrate shall direct the same to be kept in the custody of the authorized officer or the police for the purpose of any investigation or prosecution under this Act.

Any authorized officer or police officer not below the rank of Inspector may in the exercise of his powers under subsection (2)

or (3), if it is necessary so to do—

The authorized officer or police officer not below the rank of Inspector seizing any article, thing, book, document, installation or part thereof under subsection (2) or (3) shall prepare a list of the things seized and forthwith deliver a copy signed by him to the occupier, or his agents or servants present in the premises and if the premises are unoccupied, such authorized officer or police officer shall wherever possible post a list of the things seized on the premises.

An authorized officer shall at all times carry an official identification card or badge in such form as may be prescribed, and no person shall be obliged to admit to his land, house or building any person purporting to be an authorized officer except upon production of the identification card or badge.

Cost of holding things seized 5a.  Where any equipment, instrument, material, book, record, account, document, goods or thing seized under this Act or its subsidiary legislation is held in the custody of the Government or the Commission pending completion of any proceedings in respect of an offence under this Act or its subsidiary legislation, the cost of holding such equipment, instrument, material, book, record, account, document, goods or thing in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government or the Commission, as the case may be, by such person and shall be recoverable accordingly.

Release of things seized 5b. (1) If any equipment, instrument, material, book, record, account, document, goods or thing has been seized under this Act, the authorized officer who effected the seizure, may at any time after that, with the consent of the Public Prosecutor, release the

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equipment, instrument, material, book, record, account, document, goods or thing to the person as he determines to be lawfully entitled to the equipment, instrument, material, book, record, account, document, goods or thing if he is satisfied that the equipment, instrument, material, book, record, account, document, goods or thing is not otherwise required for the purpose of any proceedings under this Act or its subsidiary legislation, or for the purpose of any prosecution under any other written law, and in such event, neither the officer effecting the seizure, nor the Government, the

Commission or any person acting on behalf of the Government or the Commission shall be liable to any proceedings by any person if the seizure and the release of the equipment, instrument, material, book, record, account, document, goods or thing had been effected in good faith.

A record in writing shall be made by the authorized officer effecting the release of anything under subsection (1) specifying in detail the circumstances of and the reason for the release and send a copy of the record to the Public Prosecutor.

Powers of investigation