Section 61: Seizure—In a case where a vehicle suspected of having been embezzled was seized by the Police,

61. Seizure—In a case where a vehicle suspected of having been embezzled was seized by the Police, HELD section 8 (1) of the Constitution protects the right to property but, a derogation from the right is provided in cases of investigation, trial or inquiry by subsection (4) (a) (vii). The Police Act gives power to the Police to [Issue 1] CON – 184 Revised Laws of Mauritius seize and detain an article which has been used to commit an offence or which has been obtained by means of an offence (section 14 (1) (a) and section 15 (2)). Section 15 (1) of that Act lays down that the article should be restored to the person from whom it was taken if it is found that it was not obtained by means of an offence or used in the commission of an offence. Tangaree v Government of Mauritius (1991).