Criminal Procedure and Evidence Act
Zimbabwe
58B. Manner of service of notices for purposes of sections 58 and 58A
References to a police officer—
(a)
issuing a notice of destruction or disposal of a seized article to the owner or possessor thereof or
other person to whom a full receipt was given in respect of its seizure for the purpose of section
58(3)(a);
(b)
notifying such owner, possessor or person for the purpose of section 58(3)(c);
(c)
notifying such owner, possessor or person for the purpose of section 58(4);
(d)
issuing a notice of further retention of a seized article to the owner or possessor thereof or other
person to whom a full receipt was given in respect of its seizure for the purpose of section 58A(1);
(e)
notifying such owner, possessor or person for the purpose of section 58A(3);
are to be interpreted as requiring the police officer to deliver such notice to the owner, possessor or person
concerned or his or her authorised representative in any of the following ways—
(f)
by hand delivery to the owner, possessor, person representative concerned in person, or to a
responsible individual at the place of business or residential address of the owner, possessor, person
representative; or
(g)
by registered post addressed to the place of business or residential address of the owner, possessor,
person representative; or
(h)
by delivery to the place of business or residential address of the owner, possessor, person
representative through a commercial courier service; or
(i)
by electronic mail or telefacsimile at the electronic mail or telefacsimile address furnished by the
owner, possessor, person representative to the police officer.
[section inserted by section 21 of Act 2 of 2016]
59.
Disposal of article where no criminal proceedings are instituted, where it is not
required for criminal proceedings or where accused admits his guilt
(1)
Subject to subsection (2), if in connection with any article referred to in section 58(1), and
regardless of whether a notice of further retention of the seized article or warrant of further
retention of the seized article has been issued in relation to the article—
(a)
no criminal proceedings are instituted; or
(b)
it appears that such article is not required at the trial for purposes of evidence or for
purposes of an order of court; or
(c)
criminal proceedings are instituted and the accused admits his guilt in accordance with
section three hundred and fifty-six;
the article shall—
(i)
if the person from whom it was seized may lawfully possess the article, be returned to that
person; or
(ii)
if the person from whom it was seized may not lawfully possess the article, be delivered to
the person who may lawfully possess it; or
(iii)
if no person may lawfully possess the article (whether by reason of its being an article whose
possession is intrinsically unlawful, or otherwise) or if the police officer concerned does not
know of any person who may lawfully possess the article, be forfeited to the State.
[subsection amended by section 22 of Act 2 of 2016]
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