124. Search and seizure with warrant

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

For the purposes of determining whether a person has violated any provisions of this Act, the

Commissioner-General or an authorised officer may make an ex parte application to a Magistrate for a search and seizure warrant.

(2)

An application under subsection (1) shall set out the following:-

(a)

the provisions of this Act alleged to have been contravened;

(b)

the name of the person alleged to have contravened the provisions of this Act;

(c)

the premises to be searched; and

(d)

the documents sought.

(3)

When an application is made under subsection (1),

Magistrate may issue a search and seizure warrant where he is satisfied that there are reasonable grounds to believe that-

(a)

the search and seizure is necessary to determine whether a person has contravened any provision of this Act or committed an offence under this Act;

and

(b)

any documents (including in electronic format) that are likely to be found on the premises which may provide evidence as to the matters specified in paragraph (a).

(4)

A warrant issued under subsection (3) shall, as far as is reasonably practical contain the following information:-

(a)

the alleged commission of the offence under this

Act which is the basis for the application;

(b)

the person alleged to have contravened any provision of this Act or committed an offence under this Act;

(c)

the premises to be searched; and

(d)

the documents that are the subject of the search.

Read on from s 125

124. Search and seizure with warrant

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