Section 26
of Drug Trafficking (Recovery of Proceeds) Act
Section 26
(1)
A police officer or an officer of the Bureau may, for the purpose of an investigation into drug trafficking, apply to a magistrate for a warrant under this section in relation to specified premises, which latter word has in this section the same meaning as it has in section 24.
(2)
On such application, the magistrate may issue a warrant authorising a police officer or an officer of the Bureau to enter and search such premises if he is satisfied that —
(a)
an order made under section 24 in relation to material on the premises has not been complied with;
(b)
the conditions in subsection (3) have been fulfilled; or
(c)
the conditions in subsection (4) have been fulfilled.
(3)
The conditions referred to in paragraph (b) of subsection (2) are that —
(a)
there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking;
(b)
the conditions in paragraphs (b) and (c) of subsection (4) of section 24 have been fulfilled in relation to any material on such premises; and
(c)
it would not be appropriate to make an order under that section in relation to such material because —
(i)
it is not practicable to communicate with any person entitled to produce the material;
(ii)
it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or
(iii)
the investigation for the purpose of which the application is made might be seriously prejudiced unless a police officer or an officer of the Bureau could secure immediate access to the material.
Drug Trafficking
(Recovery of Proceeds)
(4)
The conditions referred to in paragraph (c) of subsection (2) are that —
(a)
there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking;
(b)
there are reasonable grounds for suspecting that there is on the premises material relating to the specified person or to drug trafficking which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised; and
(i)
it is not practicable to communicate with any person entitled to grant entry to the premises;
(ii)
entry to the premises will not be granted unless a warrant is produced; or
(iii)
the investigation for the purpose of which the application is made might be seriously prejudiced unless a police officer or an officer of the Bureau arriving at the premises could secure immediate entry to them.
(5)
Where a police officer or an officer of the Bureau has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than any item subject to legal privilege as defined in subsection (10) of section 24, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose for which the warrant was issued.
(6)
Any person who —
(a)
obstructs any police officer or officer of the Bureau in the exercise of any power under this section;
(b)
fails to comply with any lawful requirement of any police officer or officer of the Bureau in the execution of his duty under this section;
(c)
fails, without reasonable excuse, to furnish such information in his possession as may be required by a police officer or officer of
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 41
the Bureau in the exercise of any power or the execution of his duty under this section; or
(d)
furnishes to any police officer or officer of the Bureau, in the exercise of any power or the execution of his duty under this section, any information which he knows or has reason to believe to be false, is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 3 years, to a fine not exceeding $5,000 or both.
Disclosure of information held by public bodies.