Customs and Excise (Miscellaneous Provisions) Act, 1988
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Search warrants (controlled drugs). |
3.—(1) This section applies to any controlled drug which— | |
(a) was imported, or | ||
(b) is being, or is intended to be, exported— | ||
contrary to any prohibition or restriction on the importation or exportation thereof (as the case may be). | ||
(2) Where a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of an officer of Customs and Excise that there is reasonable ground for suspecting that— | ||
(a) a person is in possession of a controlled drug to which this section applies on any premises or land, or | ||
(b) a document directly or indirectly relating to, connected with a transaction or dealing in a controlled drug which was, or an intended transaction or dealing in such a drug which would if carried out be, an offence under the Customs Acts, is in the possession of a person on any premises or land, | ||
such Justice or Commissioner may issue a search warrant under this section. | ||
(3) A search warrant issued under this section shall be expressed and operate to authorise a named officer of Customs and Excise, accompanied by such other officers of Customs and Excise and such other persons as may be necessary, at any time or times within one month of the date of issue of the warrant, to enter (if need be by force) the premises or other land named or specified in the warrant, to search such premises or other land and any persons found thereon, to examine any substance, article or other thing found thereon, to inspect any book, record or other document found thereon and, if there is reasonable ground for suspecting that an offence under the Customs Acts is being or has been committed in relation to a substance, article or other thing found on such premises or land reasonably believed by the said named officer to be a controlled drug, or that a document so found is a document mentioned in subsection (2) (b), or is a record or other document which the said named officer has reasonable cause to believe to be a document which may be required as evidence in proceedings for an offence under the Customs Acts or under the Misuse of Drugs Acts, 1977 and 1984, in relation to a controlled drug, to seize and detain the substance, article, document or other thing (as the case may be). | ||
(4) Where any premises or land is entered pursuant to a warrant issued under this section, the officer of Customs and Excise named in the warrant may do either or both of the following— | ||
(a) arrest without warrant any person or persons found on such premises or land for the purpose of searching him or them, | ||
(b) so arrest any such person or persons and keep him or them as may be appropriate, under arrest until such time as such of the powers of search or examination as he wishes to exercise pursuant to the warrant have been exercised by him. | ||
(5) The provisions of subparagraphs (A), (B), (C) and (D) of paragraph (i) of subsection (1) of section 2 shall apply to any search of the person carried out under this section. | ||
(6) In this section— | ||
“land” includes any structure on land; | ||
“structure” means building, structure or any other thing constructed, erected, placed or made on, in or under any land. |