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Section 25

Search and seizure with warrant

of Feed Enactment 2021

State EnactmentIn forceProvision 25 of 57
Section 25
(1)

If it appears to a Magistrate, upon written information on oath from an authorized officer and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that -

(a)

any premises has been used for or are about to be used for; or

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(b)

there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Enactment or any subsidiary legislation made under this Enactment, the Magistrate may issue a warrant authorizing any authorized officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.

(2)

A warrant issued under subsection (1) may authorize the authorized officer to -

(a)

search the premises, and seize any feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing that is reasonably believed to furnish evidence of the commission of such offence;

(b)

take samples of any feed, feed additive or other thing found in the premises for the purposes of ascertaining by testing or otherwise, whether the offence has been committed; and

(c)

make copies of or take extracts from any book, record, document, computerized data or other thing found in the premises.

(3)

An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.

(4)

An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do -

(a)

break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;

(b)

remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect under this section; and

(c)

detain any person found in the premises until the search has been completed.

(5)

Where by reason of its nature, size or amount, it is not practicable to remove any feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing seized under this section, the authorized officer shall seal the conveyance or premises in which such feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing is found.

(6)

It shall be an offence for any person without any written permission or lawful authority to break or tamper with the seal mentioned in subsection (5), or to remove any feed, feed additive,

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receptacle, package, conveyance, contrivance, book, document, computerized data or other thing from such premises.