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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 2 : Search warrants, entering of premises, seizure, forfeiture and disposal of property connected with offences

25. Power of police to enter premises in connection with State security or any offence

 

(1) If it appears to a magistrate or justice from information on oath that there are reasonable grounds for believing—
(a) that the internal security of the Republic or the maintenance of law and order is likely to be endangered by or in consequence of any meeting which is being held or is to be held in or upon any premises within his area of jurisdiction; or
(b) that an offence has been or is being or is likely to be committed or that preparations or arrangements for the commission of any offence are being or are likely to be made in or upon any premises within his area of jurisdiction,

he may issue a warrant authorizing a police official to enter the premises in question at any reasonable time for the purpose—

(i) of carrying out such investigations and of taking such steps as such police official may consider necessary for the preservation of the internal security of the Republic or for the maintenance of law and order or for the prevention of any offence;
(ii) of searching the premises or any person in or upon the premises for any article referred to in section 20 which such police official on reasonable grounds suspects to be in or upon or at the premises or upon such person; and
(iii) of seizing any such article.

 

(2) A warrant under subsection (1) 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.

 

(3) A police official may without warrant act under subparagraphs (i), (ii) and (iii) of subsection (1) if he on reasonable grounds believes—
(a) that a warrant will be issued to him under paragraph (a) or (b) of subsection (1) if he applies for such warrant; and
(b) that the delay in obtaining such warrant would defeat the object thereof.