Section 28
of Drug Trafficking (Recovery of Proceeds) Act
Section 28
(1)
A magistrate may, on the application of a police officer not below the rank of Superintendent or of the Director or Deputy Director of the
Drug Trafficking
(Recovery of Proceeds)
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Bureau by written notice, require any person against whom an investigation for a drug trafficking offence has been commenced to surrender to the
Director or Deputy Director of the Bureau any travel document in his possession.
(2)
A notice under subsection (1) shall be served personally on the person to whom it is addressed.
(3)
A person on whom a notice under subsection (1) has been served shall comply with such notice forthwith.
(4)
If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, he may thereupon be arrested by any police officer or officer of the Bureau and taken before a magistrate.
(5)
Where a person is taken before a magistrate under subsection (4), the magistrate shall, unless such person thereupon complies with the notice under subsection (1) or satisfies the magistrate that he does not possess any travel document, by warrant commit him to prison —
(a)
for a period of 28 days; or
(b)
until he earlier complies with the notice and a magistrate has ordered and directed the Director of Prisons to discharge him from prison (which order shall be sufficient warrant for the Director of
Prisons to do so).
(6)
Any travel document which is surrendered under this section may be detained for 6 months from the date on which it was surrendered and may thereafter be detained for a further 3 months if a magistrate, on the application of a police officer not below the rank of Superintendent or of the
Director or Deputy Director of the Bureau, is satisfied that the investigation could not reasonably have been completed before the date of such application and has authorised such further detention.
(7)
All proceedings before a magistrate under this section shall be conducted in chambers.
(8)
In this section, "travel document" means a passport or other document establishing the identity or nationality of the holder.
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(Recovery of Proceeds)
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Offence of prejudicing investigation.