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Criminal Procedure Code · s 121B

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s 121BReturn of travel documents

(1)

When a travel document has been surrendered and retained by a police officer not below the rank of Inspector under section 121A, a person affected by such order may at any time make application in writing, to a Magistrate for its return, and every such application shall contain a statement of the grounds on which it is made.

(2)

A Magistrate shall not consider an application made under subsection (1) unless he is satisfied that reasonable notice in writing of it has been given to the police officer not below the rank of Inspector.

(3)

Before an application is granted under this section, the applicant may be required to -

(a)

deposit such reasonable sum of cash money with the police officer not below the rank of Inspector as the Magistrate deems fit;

(27)

provide local surety; or

(c)

satisfy paragraphs (a) and (27).

(4)

Any such applicant or surety may be required to deposit reasonable sum of cash money with the police officer not below the rank of

Inspector as the Magistrate deems fit, for retention by the police officer not below the rank of Inspector until such time when the travel document is returned to the police oficer not below the rank of Inspector.

(5)

Failure of the applicant to return to Brunei Darussalam or to surrender the passport to the police officer not below the rank of Inspector within the specified time will render the deposit held by the police officer not below the rank of Inspector to be forfeited to the Government and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 121A(1) may be arrested and dealt with under section 12 1 A(4) and (5).

(6)

An application under this section may be granted subject to the conditions that -

(a)

the applicant shall further surrender his travel document to the police officer not below the rank of Inspector at such time as may be specified; and

(b)

the applicant shall appear at such time and place in

Brunei Darussalam as may be specified.

(7)

Where a travel document is returned to the applicant under this section subject to a condition imposed under subsection (6), then after the time specified under the subsection, the provisions of section 121A(6)

shall continue to apply in respect of the travel document surrendered by the applicant pursuant to the condition as if no return had been made to the applicant under this section.