Criminal Procedure and Evidence Act (ii) Zimbabwe the person apparently in charge or control of the vehicle, vessel or aircraft from which the article is seized; or (c) in the absence of the persons referred to in paragraph (b), give a copy of it to (as the case may be)— (i) an apparently responsible person present upon or in the land or premises from which the article is seized: or (ii) an apparently responsible person present as a passenger within the vehicle, vessel or aircraft from which the article is seized and removed; or (d) in the absence of all of the persons referred to in paragraph (a), (b) and (c), attach or leave a copy of the receipt in any part of the premises, land, vehicle, vessel or aircraft from which the article to which the receipt relates was seized and removed. [subsection inserted by section 16 of Act 2 of 2016] (3) If an owner or possessor from whom any article is seized in accordance with this Part did not receive a full receipt therefor by reason having been arrested in connection with an offence involving the article, he or she shall have the right to demand and receive such a receipt immediately upon being released on bail or upon being conditionally released, and thereupon he or she becomes entitled to all the rights provided under this Part to holders of such receipts. [subsection inserted by section 16 of Act 2 of 2016] (4) Any police officer responsible for the seizure of an article under this Part who— (a) fails to comply with subsection (2); (b) fails, upon a demand being made by an owner or possessor of the article pursuant to subsection (3), to furnish a full receipt in respect of that article; shall, unless the article or articles in question are articles whose possession is intrinsically unlawful, be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. [subsection inserted by section 16 of Act 2 of 2016] 50. Article to be seized under warrant (1) Subject to sections fifty-one, fifty-two and fifty-three, an article referred to in section forty-nine shall be seized only by virtue of a warrant issued— (a) by a magistrate or justice (other than a police officer), if it appears to the magistrate or justice from information on oath that there are reasonable grounds for believing that any such article is in the possession or under the control of any person, or upon or in any premises or area, within his area of jurisdiction; or [paragraph amended by section 44 of Act 1 of 2002 and by section 17 of Act 2 of 2016] (b) by a judge or magistrate presiding at criminal proceedings, if it appears to the judge or magistrate that any such article in the possession or under the control of any person or upon or in any premises is required in evidence in the proceedings. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 26

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