Criminal Procedure and Evidence Act
Zimbabwe
“article” includes any document or substance.
“articles whose possession is intrinsically unlawful” means harmful liquids, dangerous drugs, child
pornography as defined in the Trafficking in Persons Act [Chapter 9:25], adult pornography whose
possession is prohibited under the Censorship and Entertainments Control Act [Chapter 10:04], unlicensed
firearms and ammunition, arms or weapons of war, explosives whose use or possession is not authorised
under the Explosives Act [Chapter 10:08], forged or counterfeit currency or forged or counterfeit travel
or identity documents, any plate or dye used for forging currency or documents and any other article
specified by the Minister in regulations made under section 389;
“full receipt”, in relation to an article seized in terms of this Part, means a receipt specifying the nature
of the article, the name and address of the person from whom it was seized and (if some other person is
known to be the owner thereof) the name and address of the owner thereof, the date of seizure and the
place of custody, and the name and signature of the seizing officer:
Provided that if three or more such articles are seized from the same person at the same time, the receipt
may refer to a description of the articles in a list attached thereto that is signed by the seizing officer and
retained by the person from whom it was seized;
“occurrence book” means the journal kept at a police station of events required to be recorded therein on
a daily basis;
“premises” or “land” includes any container, vehicle, vessel or aircraft present within or upon such
premises or land.
[section substituted by section 15 of Act 2 of 2016]
48.
Savings as to certain powers conferred by other enactments
This Part shall not derogate from any power conferred by any other enactment to enter any premises, to
search any person, container or premises, to seize any article, to declare any article forfeited or to dispose
of any article.
49.
State may seize certain articles
(1)
(2)
The State may, in accordance this Part, seize any article—
(a)
which is concerned in or is on reasonable grounds believed to be concerned in, the
commission or suspected commission of an offence, whether within Zimbabwe or elsewhere;
or
(b)
which it is on reasonable grounds believed may afford evidence of the commission or
suspected commission of an offence, whether within Zimbabwe or elsewhere; or
(c)
which is intended to be used or is on reasonable grounds believed to be intended to be used
in the commission of an offence.
A police officer who seizes and removes any article in accordance with this Part, whether under or
without a warrant, must make a full receipt in duplicate for the article so seized and removed, and—
(a)
give a copy of it to the owner or possessor thereof (unless the owner or possessor of
the article is arrested in connection with an offence involving the article, in which case
paragraphs (b), (c) and (d) following apply); or
(b)
in the absence of the owner or possessor, or if the owner or possessor of the article is
arrested in connection with an offence involving the article, or if the owner or possessor is
unknown or cannot be ascertained by the police officer after due inquiry, give a copy of it to
(as the case may be)—
(i)
the person apparently in charge or control of or in lawful occupation of the land,
premises upon or in which the article is seized: or
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