When search warrant may be issued, and proceedings thereunder

(1) Any magistrate who is satisfied by proof upon oath that there is reasonable ground for believing that there is, in any building, ship, vehicle, box, receptacle or placewar-rant may be (a) anything upon or in respect of which any crime has been or is suspected to have been committed for which, according to any statute for the time being in force, the offender may be arrested without warrant; or (b) anything which there is reasonable ground for believing will afford evidence as to the commission of a crime; or (c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing any crime against the person for which, according to any statute for the time being in force, the offender may be arrested without warrant, may at any time issue a warrant under his hand authorising any police officer named therein to search that building, ship, vehicle, box, receptacle or place for the thing, and to seize and take it before the magistrate issuing the warrant, or some other magistrate, to be dealt with by him according to law. (2) Every search warrant may be issued and executed on a Sunday, and shall be executed between the hours of five o’clock in the morning and eight o’clock at night, but the magistrate, in his discretion, may by the warrant authorise the police officer to execute it at any hour. 23 (3) When the thing is seized and brought before a magistrate, he may detain it or cause it to be detained, taking reasonable care that it is preserved until the conclusion of the inquiry. (4) If any person is committed for trial, the examining magistrate may order the thing seized further to be detained for the purpose of evidence on the trial, but if no person is committed he shall direct the thing to be restored to the person from whom it was taken, except in the cases hereafter in this section mentioned, unless he is authorised or required by law to dispose of it otherwise. (5) If, under any warrant aforesaid, there is brought before any magistrate any forged bank note, bank note paper, instrument or other thing, the possession of which, in the absence of lawful excuse, is a crime according to any law for trial, or if there is no commitment for trial, the magistrate may cause it to be defaced or destroyed. (6) If, under any warrant aforesaid, there is brought before a magistrate any counterfeit coin or other thing, the possession of which, with knowledge of its nature and without lawful excuse, is a crime according to any law for the time being in force, it shall be delivered up to the Attorney General, or to any person authorised by him to receive it, as soon as it has been produced in evidence, or as soon as it appears that it will not be required to be so produced. (7) If the thing to be searched for is gunpowder, or any other explosive or dangerous or noxious substance or thing, the person making the search shall have the same powers and protections as are given by any law for the time being in force to any person lawfully authorised to search for that substance or thing, and the thing itself shall be disposed of in the same manner as directed by that law or, in default of that direction, as ordered by the Attorney General. Division 2 Complaint or Information, Summons, Warrant for Apprehension and Proceedings on Appearance of Accused 24