Issue of search warrant 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, aircraft, box, receptacle or place, there under. (a) any thing upon, or in respect of which, any summary conviction offence 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 of a offence; or (c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing any offence against the punishable on conviction, 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 the building, ship, vehicle, aircraft, box, receptacle or place for any of those things, and to seize and take it before the magistrate issuing the warrant or some other magistrate, to be by him dealt with 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. (3) When the thing is seized and brought before any magistrate, he may detain it, or cause it to be detained, taking reasonable care that it is preserved until the conclusion of the matter. (4) If any appeal is brought, he may order it further to be detained for the purpose of or pending the appeal, but if no appeal is brought, the magistrate shall direct it to be restored to the person from whom it was taken, except in the cases mentioned in subsections (5), (6) and (7) of this section unless he is authorised or required by law to dispose of it otherwise. (5) If under the warrant there is brought before a magistrate any forged bank-note, bank-note paper, instrument or other thing, the possession of which, in the absence of lawful excuse, is an indictable offence according to any statute for the time being in force, the magistrate may direct that thing to be detained for production in evidence or to be otherwise dealt with as the case requires. (6) If under the warrant 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 20 summary conviction offence or an indictable offence according to any statute for the time being in force, that thing shall be delivered up to the Minister of Finance, 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 protection as are given by any statute for the time being in force to any person lawfully authorised to search for the thing, and the thing itself shall be disposed of in the same manner as directed by that statute or, in default of direction, as ordered by the Minister responsible for firearms. Search without Warrant