| (1) |
Subject to the provisions of sections 22, 24 and 25, an article referred to in section 20 shall be seized only by virtue of a search warrant issued— |
| (a) |
by a magistrate or justice, if it appears to such magistrate or justice from information on oath that there are reasonable grounds for believing that any such article is in the possession or under the control of or upon any person or upon or at any premises within his area of jurisdiction; or |
| (b) |
by a judge or judicial officer presiding at criminal proceedings, if it appears to such judge or judicial officer that any such article in the possession or under the control of any person or upon or at any premises is required in evidence of such proceedings. |
| (1A) |
Notwithstanding any other law, an application for a warrant under this section may be made to any magistrate or justice, irrespective of whether or not the place of execution of the warrant or the place where the alleged crime has been committed falls within the jurisdiction of such magistrate or justice, in respect of the following offences under the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)— |
| (a) |
the offence of terrorism referred to in section 2 of the said Act; |
| (b) |
an offence associated or connected with terrorist activities referred to in section 3 of the said Act; |
| (c) |
a Convention offence as defined in section 1 of the said Act; or |
| (d) |
an offence referred to in section 13 or 14 of the said Act (in so far as it relates to the aforementioned sections). |
[Section 21(1A) inserted by section 24(2) of the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022 (Act No. 23 of 2022), Notice No. 1533, G47803, dated 29 December 2022 - effective 4 January 2023 per Proclamation Notice 110, GG47820, dated 4 January 2023]
| (2) |
A search warrant issued under subsection (1) shall require a police official to seize the article in question and shall to that end authorise such police official to search any person identified in the warrant, or to enter and search any premises identified in the warrant and to search any person found on or at such premises. |
| (a) |
A search warrant shall be executed by day, unless the person issuing the warrant in writing authorises the execution thereof by night. |
| (b) |
A search warrant may be issued on any day and shall be of force until it is executed or is cancelled by the person who issued it or, if such person is not available, by a person with like authority. |
| (4) |
A police official executing a warrant under this section or section 25 shall, after such execution, upon demand of any person whose rights in respect of any search or article seized under the warrant have been affected, hand to him a copy of the warrant. |
Housing Development Agency Act, 2008
