No. 3
Electronic and Postal Communications
2010
105
inspect any place in which the electronic
communication equipment is used or the electronic
communication system or service is established,
installed, maintained, operated or provided, and may
seize any electronic communication system or
equipment found therein which appears to be used for
or in connection with electronic communication; and
(b) radio communication system or service, enter any
place in the United Republic or stop or board any
vessel, aircraft or vehicle and inspect any place and
may seize any radio communication system or
equipment found therein which appears to be used for
or in connection with radio communications.
(2) Where any police officer or any employee authorised
by the Authority has reasonable grounds for believing that an
offence has been or is being committed under sections 113, 114,
115 and 121, he may seize electronic communication system ,
equipment, radio communication system or equipment used in the
commission of the offence.
(3) If there is no prosecution with regard to any equipment
or system seized under this section, the equipment or system shall
be taken and deemed to be forfeited to the Authority unless a claim
is made within two months from the date of seizure.
(4)
Any person asserting that he is the owner of the
equipment or system may personally or by his authorized agent
give written notice to the Authority that he claims the same.
(5) On receipt of the notice, the Authority may direct that
the equipment or system be released or may refer the matter to a
Resident Magistrate’s Court or a District Court.
(6) The Resident Magistrate’s Court or the District Court
may proceed to the examination of the matter and upon
examination shall order that the equipment or system be forfeited or
released.