Act No. 13, 2003 MEDICINES AND RELATED SUBSTANCES CONTROL ACT, 2003 (d) take as many samples of a medicine or a scheduled substance referred to in paragraph (b) or (c), or any other thing, which is subject to this Act and of which a person can take a sample, as he or she may consider necessary for the purpose of examination or analysis in terms of this Act. (2) A sample taken in terms of subsection (1)(d) must ­ (a) be taken in accordance with the prescribed methods and in the presence of the person who is in charge of the medicine or the scheduled substance referred to in subsection (1)(b) or (c), or if there is no such person or if he or she is absent for any reason, in the presence of any other witness; (b) immediately be packed and sealed and suitably labeled or marked in such manner as its nature may permit; and (c) be transmitted to an analyst together with a certificate in the prescribed form signed by the inspector who took the sample. (3) A copy of the certificate referred to in subsection (2)(c) must be handed or transmitted by registered post to the owner or seller of the medicine or the scheduled substance, or other thing, referred to in subsection (1)(d), from which the sample was taken in terms of subsection (1)(d) or to the agent of that owner or seller. (4) The analyst to whom a sample has been transmitted in terms of subsection (2)(c) must with all convenient speed examine or analyse the sample delivered to him or her, and state the result of the examination or analysis in a certificate in the prescribed form. (5) The owner of the medicine or the scheduled substance, or other thing, from which the sample was taken under subsection (1)(d), may claim from the Permanent Secretary an amount equal to the cost of the sample, unless it is proven that the medicine or the scheduled substance does not comply with the provisions of this Act. (6) Notwithstanding subsection (1), an inspector performing his or her functions under this section may not search the person or the home of an individual, unless the search has been authorised by a warrant issued by a judge, or a magistrate of the district in which the person or the home is situated, on oath by the inspector concerned that ­ (a) there are reasonable grounds to suspect that ­ (i) that person or persons in that home are contravening this Act or the conditions in a certificate of registration; or (ii) a medicine or a scheduled substance, a book, record, document or any other thing, which may afford evidence of a contravention of this Act, is in that home; and (b) the search is necessary for a purpose referred to in Article 13(1) of the Namibian Constitution, but nothing in this subsection prohibits a search without a warrant under Article 13(2)(b) of the Namibian Constitution. (7) The search of the person or the home of an individual by an inspector ­ (a) may not be excessively intrusive, having regard to the contravention suspected; and (b) must comply with section 21(3)(a) and (4) and section 29 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).