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srilawsby aturio
As enacted
Contents

Part II

125. Execution of a search and seizure with warrant and search without warrant

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The owner or lawful occupier of premises to which access is sought under a search and seizure warrant may refuse access to the premises where the Commissioner-General or authorised officer fails to produce the warrant.

(2)

An authorized officer shall not enter or remain on any premises which is subject to search and seizure warrant if, upon request by the owner or lawful occupier, the officer is unable to produce an authorisation in writing from the

Commissioner-General permitting the officer to exercise powers under the warrant.

(3)

In executing powers under a search and seizure warrant, the Commissioner-General or authorised officer -

(a)

shall have full and free access, at any time and without notice-

(i)

to the premises specified in the warrant;

(ii)

to any relevant material located on the premises, including in electronic format; and

(iii)

to any data storage device located on the premises containing relevant material;

(b)

may open or cause to be opened or removed in conducting a search of the premises specified in the warrant, anything that the Commissioner-General or authorised officer reasonably suspects to contain relevant material;

(c)

may make an extract, or a paper or electronic copy of any relevant material, including on a data storage device;

(d)

may seize any relevant material;

(e)

may, if a paper or electronic copy of relevant material on a data storage device is not provided, seize and retain the device for as long as is necessary to copy the information required; and

(f)

may search any person on the premises specified in the warrant.

(4)

The owner or lawful occupier of the premises to which an exercise of search and seizure warrant relates shall provide all reasonable facilities and assistance to the Commissioner-General or authorised officer including the following:-

(a)

answering questions, orally or in writing, concerning whether a person has violated the provisions of this Act; or

(b)

providing access to information necessary to decrypt data to which access is sought in exercise of a search and seizure warrant.

(5)

The Commissioner-General or authorised officer shall-

(a)

make a written inventory of the relevant material seized and provide a copy thereof to the owner of the material; and

(b)

sign for any relevant material or data storage device removed and retained under this section.

(6)

An authorized officer may search a person only if such officer is of the same sex as the person being searched.

(7)

For the purposes of the exercise of powers under this section, the Commissioner-General or any authorised officer may require a police officer to be present when executing a warrant under this section.

(8)

The Commissioner-General or authorised officer shall not retain any document seized under this section for a period longer than six months from the date of seizure unless the document is required for the purposes of any proceedings under this Act or any other written law.

Read on from s 126

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