Section 138
Section 138
(1)
If it appears to a Magistrate, upon information on oath and after such inquiry as he considers necessary, that there is reasonable cause to suspect that in any building or place or on any land there is concealed or deposited any mineral, box, trunk, receptacle, package, conveyance or thing in respect of which an offence under this
Enactment is being committed or has been committed, the Magistrate may issue a warrant authorising any authorised officer to whom it is directed, by day or night, with or without assistance, to enter the building, place or land and there search for and seize any
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such mineral, box, trunk, receptacle, package, conveyance or thing in respect of which the offence has or suspected to have been committed and any machinery, book, document or other things that is reasonably believed to furnish evidence of the commission of the offence.
(2)
Any authorised officer acting under subsection (1) may, if it is necessary so to do –
(a)
break open any outer or inner door of the building or place or any other premise and enter thereinto;
(b)
forcibly enter the place and every part thereof;
(c)
remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect under subsection (1); and
(d)
break open any receptacle in order to inspect its contents.
(3)
The authorised officer seizing any mineral, box, trunk, receptacle, package, conveyance or thing under subsection (1) shall –
(a)
forthwith place on such mineral, box, trunk, receptacle, package, conveyance or thing a mark indicating that it has been seized;
(b)
prepare a list of the things seized and forthwith, or as soon as practicable, deliver a copy signed by him to the owner or person from whom the things were seized present in the building or premise and if the building or premise is unoccupied, such authorised officer shall, wherever possible, post a list of the things seized on the building or the premise;
(c)
forthwith report the seizure to the Director; and
(d)
where practicable, remove the things seized, as soon as possible, for his custody.
Search without warrant.