Section 23C
Surrender of travel documents
of Prevention of Corruption Act
(1)
A Magistrate may, on the application of the Director, Deputy
Director or an Assistant Director by written notice require a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Act to surrender to the Director any travel documents 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) is served shall comply with such notice forthwith.
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(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 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 a travel document, by warrant commit him to prison to be safely kept until —
(a)
the expiry of the period of 28 days from the date of his committal to prison as aforesaid; or
(b)
such person complies with the notice under subsection (1)
and a Magistrate, by order in that behalf, orders and directs the
Director of Prisons to discharge such person from prison (which order shall be sufficient warrant for the Director of Prisons to do so),
[GN 68/1985]
whichever occurs first.
(6)
A travel document which is surrendered to the Director under this section may be detained for 6 months from the date on which it was surrendered and may be detained for a further 3 months if a Magistrate, on application by the Director, Deputy Director or an Assistant Director, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorises 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 a holder.