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Criminal Procedure Code · s 121A

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s 121ASurrender of travel documents

(1)

A Magistrate may, on the application of a police officer not below the rank of Inspector by written notice, require a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Code to surrender to a police officer not below the rank of Inspector any travel document in his possession.

(2)

A notice under subsection (1) shall be served personally on the person to whom it is addressed.

(3)

A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.

(4)

If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, he may thereupon be arrested and taken before a Magistrate.

(5)

Where a person is taken before a Magistrate under subsection (4), the Magistrate shall, unless such person thereupon complies a with the notice under subsection (1) or satisfies the Magistrate that he does not possess a travel document, by warrant commit him to prison there to be safely kept until -

(a)

the expiry of the period of 28 days from the date of his committal to prison; or

(b)

the person complies with the notice under subsection (1)

and a Magistrate, by order, directs the Director of Prisons to

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Criminal Procedure Code discharge the person from prison (which order shall be sufficient warrant for the Director of Prisons so to do), whichever occurs first.

(6)

A travel document which is surrendered to a police officer not below the rank of Inspector under this section may be detained for 6

months from the date on which it was surrendered and may be detained for a further 3 months if a Magistrate, on application by a police officer not below the rank of Inspector, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorises such further detention.

(7)

All proceedings before a Magistrate under this section shall be conducted in chambers.

(8)

In this section, "travel document" means a passport or other document establishing the identity or nationality of a holder.