Criminal Procedure and Evidence Act Zimbabwe notice to the same person or in the same manner and at the same place as the receipt referred to in section 49(2) was delivered. (4) (5) An application for a warrant of further retention of a seized article shall be made by a police officer to a magistrate or justice (other than a police officer) having jurisdiction over the area where the article was seized, for which purpose the police officer shall swear by affidavit that the seized article (of a description and having the identification number specified in the affidavit) is required in evidence in criminal proceedings and that— (a) investigations in respect thereof are ongoing and are being actively pursued without undue delay; and (b) a full receipt in respect of the article was issued on a specified date; and (c) written notice of the time and place of the application for the warrant of further retention of the seized article was timeously given to the owner or possessor thereof or other person mentioned in subsection (3). In an application for a warrant of further retention of a seized article the magistrate or justice shall, if the owner or possessor thereof, or other person mentioned in subsection (3), is present, allow— (a) him or her to make representations in person, in writing or through a legal practitioner, in opposition to the application; and (b) the applicant police officer to respond to any submissions made under paragraph (a); but no postponement of the application shall be entertained, and no submissions shall be made by either party except those concerning— (c) the truth or otherwise of any statement referred to in subsection (4) (a), (b) or (c); and (d) any allegation by the applicant police officer that the notified party or the party who is opposing the application is not entitled to the possession or ownership of the seized article by reason of not having a full receipt in relation thereto or for some other lawful reason; and the application must be determined on the same day on which it was made, whether the notified person is present or not. (6) (7) The effect of— (a) the issuance of a warrant of further retention of a seized article is that the article may be retained in custody by the police until the pertinent criminal proceedings have been concluded, abandoned or discontinued and the seized article dealt with in accordance with this Part; or (b) the refusal to issue a warrant of further retention of the seized article is that it must be returned without delay to the holder of the receipt issued in respect thereof, subject to any directions the magistrate or justice may give for the preservation or safe custody of the same until the expiry of a specified period or on the initiation of a prosecution in connection therewith, whichever event happens earlier. Any holder of the receipt referred to in subsection (6)(b) who fails to comply with any directions given to him or her for the preservation or safe custody of the article returned to him or her until the expiry of a specified period or on the initiation of a prosecution in connection therewith, whichever event happens earlier, shall be guilty of the crime of defeating or obstructing the course of justice contrary to section 184 of the Criminal Law Code and liable to the penalties therefor. [section inserted by section 21 of Act 2 of 2016] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 33