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Section history

Section 370 — Procedure governing seizure of property

As in force on 1 June 2016.

Timeline 5 versions
  1. 2 January 2011 Enacted
  2. 1 June 2016 You are here
  3. 31 October 2018 Act 19 of 2018, S 724 of 2018
  4. 31 December 2021 Revised edition
  5. 14 November 2024 Act 24 of 2024
  6. 17 August 2026 Latest
370.Procedure governing seizure of property

(1)If a police officer seizes property which is taken under section 35 or 78, or alleged or suspected to have been stolen, or found under circumstances that lead him to suspect an offence, he must make a report of the seizure to a Magistrate’s Court at the earlier of the following times:

(a)when the police officer considers that such property is no longer relevant for the purposes of any investigation, inquiry, trial or other proceeding under this Code; or

(b)one year from the date of seizure of the property.

(2)Subject to subsection (3), the Magistrate’s Court must, upon the receipt of such report referred to in subsection (1), make such order as it thinks fit respecting the delivery of the property to the person entitled to the possession of it or, if that person cannot be ascertained, respecting the custody and production of the property.

(3)The Magistrate’s Court must not dispose of any property if there is any pending court proceeding under any written law in relation to the property in respect of which the report referred to in subsection (1) is made, or if it is satisfied that such property is relevant for the purposes of any investigation, inquiry, trial or other proceeding under this Code.