Criminal Procedure Code · s 61

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61.
If a Magistrate upon information and after such inquiry as he thinks necessary has reason to believe that -
(a) any place is used for the deposit or sale of stolen property, contraband goods or property unlawfully obtained;
(ZS)
any place is used for the deposit, sale or manufacture of forged documents, false seals or counterfeit stamps or coin, or

Criminal Procedure Code
CAP. 7 57
forged trade marks, instruments or materials for counterfeiting coin or stamps or for forging;
(c) any offence against any written law for the time being in force relating to gambling, pawnbrokers, opium, distillation of arrack or other spirit is being or is likely to be committed in any place;
(d) any offence against the Societies Act (Chapter 203) or any other written law relating thereto for the time being in force, or any offence against any written law relating to the protection of women and girls, is being or is likely to be committed in any place; or
(e) any stolen property, contraband goods, property unlawfully obtained, forged documents, false seals or counterfeit stamps or coin, or forged trade marks, instruments or materials for counterfeiting coin or stamps or for forging or housebreaking are concealed, kept or deposited in any place, he may by warrant authorise the person to whom it is directed to -
(i) enter, with such assistance as may be required, such place;
(ii) search the place in the manner specified in the warrant in the presence, if practicable, of two or more inhabitants of the neighbourhood;
(iii) take possession of any property, goods, documents, seals, stamps, coins or trade marks therein found which he reasonably suspects to be stolen, contraband, unlawfully obtained, forged, false or counterfeit and also of any such instruments and materials as aforesaid;
(iv) convey such property, goods, documents, seals, stamps, coins, trade marks or materials before a
Judge or Magistrate, or guard them on the spot until the offender is taken before a Judge or Magistrate or otherwise dispose thereof in some place of safety; and 10/2021

Criminal Procedure Code
(v) take into custody and bring before a Judge or
Magistrate every person found in such place who appears to be guilty of any offence under paragraphs (c) and (d) or to have been privy to the deposit, sale or manufacture or keeping of any such property, goods, documents, seals, stamps, coins, trade marks, instruments or materials knowing or having reasonable cause to suspect the property or goods to have been stolen or to be contraband or otherwise unlawfully obtained, or the documents, seals, stamps, coins, trade marks, instruments or materials to have been forged, falsified or counterfeited or the instruments or materials to have been used or to be intended to be used for counterfeiting coin or stamps or for forging.

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s 61

If a Magistrate upon information and after such inquiry as he thinks necessary has reason to believe that -

(a)

any place is used for the deposit or sale of stolen property, contraband goods or property unlawfully obtained;

(ZS)

any place is used for the deposit, sale or manufacture of forged documents, false seals or counterfeit stamps or coin, or

forged trade marks, instruments or materials for counterfeiting coin or stamps or for forging;

(c)

any offence against any written law for the time being in force relating to gambling, pawnbrokers, opium, distillation of arrack or other spirit is being or is likely to be committed in any place;

(d)

any offence against the Societies Act (Chapter 203) or any other written law relating thereto for the time being in force, or any offence against any written law relating to the protection of women and girls, is being or is likely to be committed in any place; or

(e)

any stolen property, contraband goods, property unlawfully obtained, forged documents, false seals or counterfeit stamps or coin, or forged trade marks, instruments or materials for counterfeiting coin or stamps or for forging or housebreaking are concealed, kept or deposited in any place, he may by warrant authorise the person to whom it is directed to -

(i)

enter, with such assistance as may be required, such place;

(ii)

search the place in the manner specified in the warrant in the presence, if practicable, of two or more inhabitants of the neighbourhood;

(iii)

take possession of any property, goods, documents, seals, stamps, coins or trade marks therein found which he reasonably suspects to be stolen, contraband, unlawfully obtained, forged, false or counterfeit and also of any such instruments and materials as aforesaid;

(iv)

convey such property, goods, documents, seals, stamps, coins, trade marks or materials before a

Judge or Magistrate, or guard them on the spot until the offender is taken before a Judge or Magistrate or otherwise dispose thereof in some place of safety; and 10/2021

Criminal Procedure Code

(v)

take into custody and bring before a Judge or

Magistrate every person found in such place who appears to be guilty of any offence under paragraphs (c) and (d) or to have been privy to the deposit, sale or manufacture or keeping of any such property, goods, documents, seals, stamps, coins, trade marks, instruments or materials knowing or having reasonable cause to suspect the property or goods to have been stolen or to be contraband or otherwise unlawfully obtained, or the documents, seals, stamps, coins, trade marks, instruments or materials to have been forged, falsified or counterfeited or the instruments or materials to have been used or to be intended to be used for counterfeiting coin or stamps or for forging.