Criminal Procedure and Evidence Act (2) Zimbabwe Subject to subsection (3), the seized article whose possession is intrinsically unlawful shall be held in custody in accordance with this section until— (a) it is forfeited to the State by virtue of this paragraph— (i) three months from the date when it was so seized, if no criminal proceedings are instituted in connection therewith within that period; or (ii) on the date that criminal proceedings, having been instituted in connection therewith, are abandoned, withdrawn or concluded otherwise than by the conviction of the accused; or (b) the article is declared forfeited to the State in terms of section 62(2); whereupon it shall be destroyed or disposed of in accordance with this section. (3) (4) (5) If the seized article whose possession is intrinsically unlawful is, in the opinion of police officer seizing it, too hazardous or dangerous to be removed or kept in custody in the manner prescribed by this section, and accordingly needs to be destroyed on the spot or dealt with or kept in custody in some other manner or place than that prescribed (whether before or after it is forfeited to the State), the police officer shall forthwith communicate his or her apprehensions to the police officer in command of the police district within which the article is seized, and shall comply with any directions as to the removal, custody, destruction or disposal of the article as the police officer so in command may give him or her, and shall record or cause to be recorded the following in the occurrence book on the day of their occurrence or no later than twenty-four hours thereafter— (a) the date of seizure of the article and a sufficient description of it; and (b) the date of the communication of the seizing police officer’s apprehensions to the police officer in command of the police district within which the article is seized, and any directions received from the latter in relation thereto; and (c) the date and manner of the removal, custody, destruction or disposal of the article. Section 58(1)(a), (b) and (c) applies to the custody of an article whose possession is intrinsically unlawful except that— (a) if possible, it shall be kept in a place of security that is exclusively reserved for the custody of seized articles whose possession is intrinsically unlawful; and (b) a separate inventory from that mentioned in section 58(1)(b) shall be kept in relation to such articles; and (c) the police officer in control of the seized article shall be subject to any directions concerning the custody of the article issued by the Environmental Management Authority or other agency of the State having any statutory responsibility in respect of the seized article. Within seven days of the date of forfeiture in terms of subsection (1), the police officer in command of the police district within which the seized article is held in custody (hereafter in this section called “the responsible police officer”) shall communicate in writing to the Commissioner-General of Police, or any Assistant Commissioner appointed by the Commissioner-General generally or specifically for that purpose, and to the Prosecutor-General, and to any agency of the State having any statutory responsibility in respect of the seized article— (a) the full particulars of such article, including a sufficient description of it and the dates of its seizure and forfeiture to the State; and (b) the date, time and place for the destruction of the article, or, if the article is to be disposed of in any other manner, the manner of its disposal and the date, time and place of the disposal. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 40