Criminal Procedure and Evidence Act (5) Zimbabwe Any police officer who contravenes subsection (4), shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment, unless the affected person is lawfully charged with and arrested for an offence in connection with such search and seizure. [subsection inserted by section 18 of Act 2 of 2016] 52. Seizure of article on arrest or detention of person carrying same (1) (2) On the arrest and search of any person, the person making the arrest may— (a) if he is a peace officer, seize any article referred to in section forty-nine which is in the possession or under the control of the person arrested and, where such peace officer is not a police officer, shall forthwith deliver any such article to a police officer; or (b) if he is not a peace officer, seize any article referred to in section forty-nine which is in the possession or under the control of the person arrested and shall forthwith deliver any such article to a police officer. A police officer to whom an article is delivered under subsection (1)(a) or (b) shall forthwith, and in any event not later than forty-eight hours after such delivery, make and deliver the full receipt referred to in section 49(2), and any failure to do so entitles the owner or possessor thereof to demand the return of the seized article upon expiry of that period, unless the article or articles in question are of a kind whose possession is intrinsically unlawful. [subsection substituted by section 19 of Act 2 of 2016] (3) Any police officer may stop and interrogate any person who is found at any time between sunset and sunrise carrying or transporting any goods or articles of any description and if— (a) such person does not account satisfactorily for the possession of the goods or articles so being carried or transported; and (b) there are reasonable grounds for suspecting that such goods or articles— (i) have been criminally procured; or (ii) are of a kind whose possession is intrinsically unlawful; such officer may convey such goods or articles and the person so carrying or transporting the same to any prison or police station, and detain such person in custody: Provided that section 32(3) and the other provisions of this Act relating to the rights of arrested persons shall apply in relation to the person so detained and, if he or she is released from custody, the goods and articles that he or she was carrying or transporting shall be returned to him or her, unless they are seized and a full receipt therefor is given to him or her in accordance with section 49. [subsection inserted by section 19 of Act 2 of 2016] 53. Search by occupier of land Any person who is lawfully in charge or occupation of any land and who reasonably suspects that— (a) stolen stock or produce, as defined in any law relating to the theft of stock or produce, is upon or in any premises on that land; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 28