Section 50: Issue of search warrant and presumptions

50. Issue of search warrant and presumptions (1) Where a Magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence has been or may be committed against this Act, he may grant a search warrant authorising any police officer named in the warrant, at any time, within one month from the date of the warrant, to enter, with assistants and if need be by force, the premises named in the warrant and to search them and any person found there and, if there is reasonable ground for suspecting that an offence against this Act has been committed, to seize any drug, pipe, utensil, article or related thing found on the premises or in the possession of any such person. (2) Where upon entry into any premises under subsection (1) it is found that such premises are equipped with such unusual or unusually numerous contrivances or means as are calculated to prevent or obstruct an entry or to enable persons therein to observe or ascertain the approach of any person, or to give alarm or facilitate escape from such premises, or if all doors, windows and means of entry are so bolted or obstructed that, even with the use of force, access to the premises is abnormally delayed, it shall be presumed, until the contrary is proved, that the premises are used for the smoking, inhaling, sniffing or consumption of dangerous drugs and that the occupier, if any, of those premises has facilitated such use. continued on page D2 – 31 D2 – 27 [Issue 4] Revised Laws of Mauritius (3) Where upon entry into any premises under subsection (1)— (a) any dangerous drug or any pipe, utensil or thing for use in connection with the smoking, inhaling, sniffing or consumption of dangerous drugs is found therein; (b) any person is seen to escape from those premises on the approach or entry of a police officer; or (c) any person having authority under the search warrant to enter such premises is unlawfully prevented from or obstructed or delayed in entering or approaching such premises, it shall be presumed, until the contrary is proved, that the premises are used for the smoking, inhaling, sniffing or consumption of dangerous drugs.