ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

Section 153: Detention of articles recovered

2015Section 153 of 495Federal Republic of Nigeria

(1) Where upon the execution of a search warrant anything referred to in section 144 of this Act is recovered, it may be detained by the police, taking reasonable care that it is preserved until the trial or any further proceeding.
(2) A list of all things recovered in the course of search and of the places in which they are found shall be drawn up by the person carrying out the search in accordance with section 149 (5) of this Act and a copy of the list forwarded to the Judge, Magistrate or Justice of the Peace who issued the warrant for his information with indication as in the prescribed form set out in the First Schedule to this Act on the search warrant of the things:
(a) seized that are detained or caused to be detained; and
(b) that were seized but have been released to the owners.
(3) Where a defendant is charged to court with an offence or no appeal or further proceedings is pending in relation to an item recovered during a search, the police shall:
(a) restore to the person who appears to be entitled to them; and
(b) Where he is the defendant, cause to be restored to him or to his legal practitioner or to such other person as the defendant may direct.
(4) The police or any other agency carrying out the search is authorised or required by law to dispose of the items seized in accordance with the provisions of section 153 of this Act, the police or agency shall release the proceeds of the disposal of the seized items to the person entitled to it.
(5) Any property or a part of the property may be applied to the payment of any cost or compensation directed by the court to be paid by the defendant, or person entitled to the property.

Cite this section

Section 153, ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 (2015).

https://repo.podus.ai/laws/administration-of-criminal-justice-act-2015/section/153/