Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Special Proceedings
345. Procedure by Religious Enforcement Officer or police officer on seizure of property
Official textFrom Attorney General's Chambers, unchanged
The seizure or finding by any Religious Enforcement Officer or police officer of property taken under section 22 or alleged or suspected to have been sariqah. hirabah or ghasab property or found under circumstances which create suspicion of the commission of any offence shall be forthwith reported to a Syariah Subordinate Court Judge. who shall make such order as he thinks fit respecting the return of such property to the person entitled to the possession thereof or, if such person cannot be ascertained, respecting the custody and production of such property.
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
If the person so entitled is known, the Syariah Subordinate Court
Judge may order the property to be returned to him on such conditions, if any. as the Syariah Subordinate Court Judge thinks fit.
Judge
"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
If such person is unknown. the Syariah Subordinate Court Judge may detain it, and shall in such case issue a public notification specifying the articles of which such property consists and requiring any person who may have a claim thereto to appear before him and establish his claim within 12
months qamariah from the date of such notification.
Such notification shall be published in such manner as may be determined by the Syariah Subordinate Court Judge.
Terms defined in s 2
Judge
Defined · s 2"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
offence
Defined · s 2"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
police officer
Defined · s 2"police officer" means any member of the Royal Brunei Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;
Religious Enforcement Officer
Defined · s 2"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;