No. 21
Prevention of Terrorism
29,-(l) Notwithstanding the provisions of the Criminal Procedure Act, 1985, where, in a case of urgency, application to the court
to obtain a warrant would cause delay that may be prejudicial to the
maintenance of public safety or public order, a police officer, not below
the rank of Assistant Superintendent, or incharge of a police station may,
notwithstanding any other Act, with the assistance of such other police
officers as may be necessary(a) enter and search any premises or place, if he has reason to suspect
that, within those premises or at that place(i) an offence under this Act is being committed or likely to
be committed; and
(ii) there is evidence of the commission of an offence under
this Act;
(b) search any person or vehicle found on any
... premises or place which
he is empowered to enter and search under paragraph (a);
(c) stop, board and search any vessel, aircraft or vehicle if he has reason
to suspect that there is in it evidence of the commission or likelihood
of commission of an offence under this Act;
(d) seize, remove and detain anything which is, or contains or appears
to him to be or to contain or to be likely to be or to contain, evidence
of the commission of an offence under this Act;
(e) arrest and detain any person whom he reasonably suspects of having
committed or of being about to commit an offence under this Act.
(2) A police officer may use such force as may be necessary for
the exercise of the powers conferred by subsection (1).
(3) Any person found on any premises or place or in any vessel,
aircraft or vehicle may be detained by a police officer until the completion of the search under subsection (1)
(4) Where a seizure is effected under this section, a list of all the
articles, documents and other matters seized shall forthwith be delivered.
(5) For the purposes of this section, the degree of force which may
be used shall not be greater than is reasonably necessary.
(6) A police officer who uses such force as may be necessary for
any purpose, in accordance with this Act, shall not be liable, in any
criminal or civil proceedings, for having, by the use of force, caused
injury or death to any person or damage to or loss of any property.
.
30.-(1) The Minister may, for the purposes of the prevention or
detection of offences of terrorism or for the purposes of prosecution of
.
2002
21
Power of
investigation in
cases of
urgency
Act No. 9
of 1983
Intelligence
gathering
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