Data Protection
[No. 3 of 2021 99
9. (1) An inspector may arrest a person, without a warrant,
where the inspector has reasonable grounds to believe that the
person—
Arrest
without
warrant
(a) has committed an offence under this Act;
(b) is about to commit an offence under this Act and there is
no other way to prevent the commission of the offence;
or
(c) is willfully obstructing an inspector in the execution of the
inspector’s duties.
(2) An inspector who makes an arrest under subsection (1)
shall, without delay, have the person arrested brought to a police
station.
10. A law enforcement officer may seize and detain property
which the inspector has reason to believe was used to commit an
offence under this Act until an order of the court is made regarding
the disposal thereof.
11. (1) A law enforcement officer shall, where a person from
whom an article or other property has been seized under section 10
is found not guilty or the proceedings against that person are
withdrawn —
(a) without delay, restore the article or property to that person;
or
(b) where the enforcement officer is satisfied that the person
cannot be found or is unwilling to receive back the article
or property, apply to the court for an order of forfeiture
of the article or property.
(2) The court shall make an order of forfeiture under subsection
(1) if —
(a) the law enforcement officer has given notice, by publication
in the Gazette and in a daily newspaper of general
circulation in the Republic, to the effect that the article
or property which has been seized under this Act shall
vest in the State if it is not claimed within three months
from the date of publication of the notice; and
(b) three months after the giving of the notice under paragraph
(a),the article or property remains unclaimed.
(3) Where a claim is made, in writing, by a person that is lawfully
entitled to the article or property seized under this Act, the law
enforcement officer may order the release of the article or property
to the claimant if satisfied that there is no dispute concerning the
ownership of the article or property and that it is not liable to
forfeiture.
Seizure of
property
Restoration
of property
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