Section 61
Section 61
If a Magistrate upon information and after such inquiry as he thinks necessary has reason to believe that -
(a)
any place is used for the deposit or sale of stolen property, contraband goods or property unlawfully obtained;
(ZS)
any place is used for the deposit, sale or manufacture of forged documents, false seals or counterfeit stamps or coin, or
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forged trade marks, instruments or materials for counterfeiting coin or stamps or for forging;
(c)
any offence against any written law for the time being in force relating to gambling, pawnbrokers, opium, distillation of arrack or other spirit is being or is likely to be committed in any place;
(d)
any offence against the Societies Act (Chapter 203) or any other written law relating thereto for the time being in force, or any offence against any written law relating to the protection of women and girls, is being or is likely to be committed in any place; or
(e)
any stolen property, contraband goods, property unlawfully obtained, forged documents, false seals or counterfeit stamps or coin, or forged trade marks, instruments or materials for counterfeiting coin or stamps or for forging or housebreaking are concealed, kept or deposited in any place, he may by warrant authorise the person to whom it is directed to -
(i)
enter, with such assistance as may be required, such place;
(ii)
search the place in the manner specified in the warrant in the presence, if practicable, of two or more inhabitants of the neighbourhood;
(iii)
take possession of any property, goods, documents, seals, stamps, coins or trade marks therein found which he reasonably suspects to be stolen, contraband, unlawfully obtained, forged, false or counterfeit and also of any such instruments and materials as aforesaid;
(iv)
convey such property, goods, documents, seals, stamps, coins, trade marks or materials before a
Judge or Magistrate, or guard them on the spot until the offender is taken before a Judge or Magistrate or otherwise dispose thereof in some place of safety; and
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(v)
take into custody and bring before a Judge or
Magistrate every person found in such place who appears to be guilty of any offence under paragraphs (c) and (d) or to have been privy to the deposit, sale or manufacture or keeping of any such property, goods, documents, seals, stamps, coins, trade marks, instruments or materials knowing or having reasonable cause to suspect the property or goods to have been stolen or to be contraband or otherwise unlawfully obtained, or the documents, seals, stamps, coins, trade marks, instruments or materials to have been forged, falsified or counterfeited or the instruments or materials to have been used or to be intended to be used for counterfeiting coin or stamps or for forging.
Form of search warrant 62.
(1)
Every search warrant issued by a Court under this Code shall be in writing and signed by a Judge or Registrar or by a Magistrate, as the case may be, and it shall bear the seal of the Court.
(2)
Every such warrant shall remain in force for a reasonable number of days to be specified in the warrant.
(3)
Search warrants issued under this Code may be executed in any part of Brunei Darussalam.
Search for persons wrongfully confined 63.
If any Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search warrant, and the person to whom the warrant is directed may search for the person confined; the search shall be made in accordance therewith and the person, if found, shall be immediately taken before a
Magistrate who shall make such order as in the circumstances of the case seems proper.
Persons in charge of closed places to allow search 64.
(1)
Whenever any place liable to search or inspection under this
Chapter is closed, any person residing in or being in charge of the place shall on demand of the officer or other person executing the warrant and on
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production of the warrant allow him free ingress thereto and afford all reasonable facilities for a search therein.
(2)
If ingress to the place cannot be obtained, the officer or other person executing the warrant may proceed in the manner provided by section 20(2).