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Section 21B: Seizure and detention of explosives

Explosives Act

consolidated text (as at 1998). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

21B. Seizure and detention of explosives (1) Where any member of the Police has reasonable cause to believe that any explosive or other substance found by him is liable to be forfeited under this Act, he may seize such explosive or other substance. (2) The member of Police who seizes the explosive or other substance may— (a) require the occupier of the place in which they were seized to keep them in such place or in any other place under the control of such occupier; (b) remove them in such manner and to such place as he thinks necessary; or (c) where there is a risk of public danger, if authorised by a Magistrate or a Superintendent of Police, cause them to be destroyed or otherwise rendered harmless. (3) No occupier shall, by himself or by any other person, fail to keep the explosive or other substance which he is required to keep under this section, and no such occupier or other person shall, except with the authority of the member of the Police seizing the same or of a Superintendent of Police, or in case of emergency for the purpose of preventing any explosion or fire remove, alter, or in any way tamper or deal with the same while so kept. (4) The receptacles containing the explosive or other substance may be seized, kept and removed in like manner as the contents. (5) The member of the Police seizing the explosive or other substance may, for the keeping, removal or transport thereof, use any vessel or vehicle in which the same was seized, and the owner shall be paid a reasonable compensation for such use. [Issue 1] E16 – 6 (6) The explosive or other substance shall, so far as practicable, be kept, removed or transported with all due precaution as provided by this Act to prevent accidents. (7) The member of the Police seizing or dealing with the explosive or other substance under this section shall not be liable in damages or otherwise in respect of such seizure or dealing or any incidental or consequential act unless it is proved that he made such seizure without reasonable cause or that he caused damage to the article seized by some neglect or default.

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