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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

9B. Seizure

 

 

1) An inspector or police official as defined in section 1(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), may, at any time and in such manner as he may deem fit and without prior notice to any person, seize any grouped hazardous substance, appliance, vehicle or other object--
a) which is concerned in or is on reasonable grounds believed by him to be concerned in the commission or suspected commission of an offence in terms of this Act;
b) which in his opinion may afford evidence of the commission or suspected commission of such offence; or
c) which is intended to be used or is on reasonable grounds believed by him to be intended to be used in the commission of such offence.

 

2) Any grouped hazardous substance, appliance, vehicle or other object seized in terms of subsection (1), shall be disposed of in accordance with the applicable provisions of the Criminal Procedure Act, 1977, regarding seizure of objects by the State.

 

3) Any substance, appliance, vehicle or other object seized in terms of subsection (1) by an inspector or police official may be--
a) kept in custody at the place where it has been found; or
b) removed to any place where in his opinion it can be kept in safe custody, and he may in respect thereof conduct such investigation or perform such functions as he may deem necessary.

 

4) If--
a) an inspector is satisfied that the custody of an object is no longer required for the purposes of this Act;
b) no criminal proceedings are instituted in connection with such object; or
c) it appears that such object is not required at a trial for the purposes of an order of court, the object concerned shall be returned to the person from whom it was seized, if such person may lawfully possess such object, or, if such person may not lawfully possess such object, to the person who may lawfully possess it.

 

5) The Director-General may recover from the owner of an object seized under subsection (1) the reasonable expenses incurred by an inspector in connection with any action in terms of this section in respect of such object: Provided that such expenses shall not be recovered from such owner if no criminal proceedings have been instituted in respect of the object concerned.

 

6) Any person who--
a) damages or destroys any grouped hazardous substance, appliance, vehicle or other object referred to in subsection(l) with a view to obstructing the seizure or custody thereof; or
b) without the written permission of an inspector or police official referred to in subsection (1), removes it from the custody or control of such inspector or police official, shall be guilty of an offence.