Section 135: Search warrant

135. Search warrant (1) Where the Director-General reasonably suspects that an offence against this Act has been, is being or is likely to be committed, he may issue to an officer a warrant in the form set out in the Second Schedule for the search of any premises. (2) Notwithstanding subsection (1), licensed premises may be searched without warrant. (3) For the purpose of subsections (1) and (2), an officer may— (a) question the owner of, or any person found on, the premises; (b) inspect and take copies of any material document, or of any material information stored in a computer or other electronic device found on the premises; (c) detain and remove any suspected goods or place them under Customs locks and seals at the premises, pending their removal to a customs warehouse. (4) The Director-General may, at the request of the owner or custodian of detained goods, allow the release of the goods, other than prohibited goods, subject to— (a) the submission of a bank guarantee covering the duty, excise duty and taxes underpaid on the goods which shall be liable to forfeiture on a final conviction by a competent Court; (b) the retention of appropriate samples as exhibits. [S. 135 amended by Act 25 of 2000; s. 5 (k) of Act 28 of 2004 w.e.f. 26 August 2004; s. 5 (za) of Act 26 of 2012 w.e.f. 22 December 2012.]