46

CAP. 134]

Dangerous Drugs

[1988 Ed.

(8) A travel document which is surrendered to the Commissioner of Police or the Commissioner of Customs and Excise under this section may be detained for 3 months from the date on which it was surrendered and may be detained for not more than 2 further periods of 3 months if a magistrate, on application by the Commissioner of Police or the Commissioner of Customs and Excise, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorizes such further detention. (Amended, 40 of 1985, s. 9)

(9) All proceedings before a magistrate under this section shall be conducted in chambers.

(10) In this section---

"Commissioner of Customs and Excise" includes a Deputy Commissioner of Customs and Excise and an Assistant Commissioner of Customs and Excise; (Added, 40 of 1985, s. 9)

"Commissioner of Police" includes a deputy or assistant commissioner of police;

"specified offence" means any offence punishable under any section of this Ordinance, on conviction on indictment, with imprisonment for a term of 15 years or any greater punishment, and aiding, abetting, counselling or procuring the commission by another of any such offence;

"travel document" means a passport or other document issued for the purpose of travel which establishes the identity or nationality of the holder.

(Added, 60 of 1977, s. 2)

Application for return of travel document

53B. (1) A person who has surrendered his travel document in accordance with section 53A may at any time make written application to the Commissioner of Police or the Commissioner of Customs and Excise, as the case may be, for its return and every such application shall contain a statement of the grounds on which it is made. (Amended, 40 of 1985, s. 9)

(2) Before determining an application under subsection (1), the Commissioner of Police or the Commissioner of Customs and Excise may require that any matter of fact relied on in the application shall be substantiated by statutory declaration. (Amended, 40 of 1985, s. 9)

(3) Any person aggrieved by the refusal of an application under subsection (1) may, within 14 days of being informed of such refusal, appeal to a magistrate against that refusal and the magistrate may, upon considering the grounds of the application and any evidence which may be adduced in relation thereto by or on behalf of either party, order that the travel document be returned.

(4) The decision of a magistrate in relation to an appeal under this section shall be final.

(Added, 60 of 1977, s. 2)

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