Section 58: Conservation and sample-taking

58. Conservation and sample-taking (1) (a) Any person who effects a seizure under section 5 or 51 shall— (i) as soon as they are discovered, place any drugs under seal in the presence of the accused, or if that is impossible, in the presence of 2 witnesses; (ii) secure the drugs and other items of evidentiary value in such manner as to prevent their fraudulent removal; (iii) number each sealed item and keep it in a place of safety in police custody; (iv) write on its wrapping or on a label affixed thereon, the description of the dangerous drugs that it contains, together with an indication of their nature and weight, as well as, where appropriate, the number of the packages in which the dangerous drugs are contained. D2 – 33 [Issue 1] Dangerous Drugs Act (b) Any such person shall immediately draw up and sign a written report which shall— (i) mention the date, place and circumstances of the discovery; (ii) describe the dangerous drugs seized; (iii) specify their weight; (iv) give the number of evidentiary items prepared; and (v) state the place at which the evidentiary items will be deposited. (c) The items of evidentiary value shall be stored in appropriate conditions for the prevention of theft and other forms of misappropriation, as well as of accidental deterioration. (d) Any subsequent movement of the evidentiary items shall require the preparation of a written report describing it, specifying its purpose and stating either that the evidentiary items and wrappings are unbroken and that their number corresponds to that indicated in the report on the seizure, or that evidentiary items have disappeared or deteriorated and the changes that they have undergone. (2) If the police officer in charge of an investigation requires the report of an expert in order to determine the nature, composition and content of active principles in any dangerous drugs seized, he shall obtain it as soon as possible after the seizure in order to limit the risks of physical or chemical alteration. (3) (a) Any dangerous drugs and other items of evidentiary value seized shall be kept in a place of safety in police custody until they are produced in Court. (b) Where the dangerous drugs seized are not the subject matter of any prosecution, they shall be destroyed forthwith. (c) The police officer in charge of carrying out the destruction shall certify in a written report that the dangerous drugs have been destroyed.