| (1) |
A person referred to in section 18(1) may, upon entry of the place, premises or conveyance in terms of that section,seize any liquor product, material, substance or other article, or any book or document, that— |
| (a) |
is concerned or is on reasonable grounds believed by him or her to be concerned in the commission or suspected commission of any offence under this Act; |
| (b) |
may afford evidence of the commission or suspected commission of any such offence; or |
| (c) |
is intended or is on reasonable grounds believed by him or her to he intended to be used in the commission of any such offence. |
[Section 19(1) substituted by section 11(a) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (2) |
Such person may remove any quantity of a liquor product, material, substance or other article, or any book or document, so seized, from the place, premises or conveyance where he seized it, or leave it thereon and, if he deems it necessary, attach such identification mark or seal as he may deem necessary on such liquor product, material, substance or other article or the container thereof, or on such book or document. |
| (i) |
grant authority that a liquor product, material, substance or other article seized in terms of subsection (1), may within the period and in the manner specified in such authorization, be treated or dealt with; |
| (ii) |
if the said officer or the Authority is satisfied that the cause for the seizure concerned has been removed by such treatment or action, return the liquor product, material, substance or other article to the person from whom it was seized. |
| (b) |
If no criminal proceedings are instituted in connection with a liquor product, material, substance or other article seized in terms of subsection (1), or if it appears that such liquor product, material, substance or other article is not required at the trial for purposes of evidence or an order of court, that liquor product, material, substance or other article shall be returned to the person from whom it was seized. |
| (c) |
Notwithstanding the provisions of paragraph (b), at the option of the person from whom such a liquor product, material, substance or other article was seized, the administering officer or Authority, as the case may be, may direct that such liquor product, material, substance or other article be destroyed by and at the expense of that person within such period as the administering officer or the Authority, as the case may be, may reasonably determine. |
| (d) |
If the person from whom such liquor product, material, substance or other article was seized, fails to destroy that liquor product, material, substance or other article within the period determined in terms of paragraph (c), that liquor product, material, substance or other article shall be forfeited to the State, and thereafter be destroyed. |
| (e) |
The State may recover any expenses incurred by it in connection with the destruction of a liquor product, material, substance or other article in terms of paragraph (d) from the person from whom such a liquor product, material, substance or other article was seized. |
[Section 19(3)(c), (d) and (e) inserted by section 11(b) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
Statistics Act, 1999
