East African Community Customs Management Act, 2004 - VERTIC

No. 1 East African Community Customs Management 2005156.-(1) An officer may, if he or she has reasonable grounds tobelieve that any person is committing, or has, within the past year,committed or been concerned in the commission of, any offence underthis Act, arrest that person; and the officer may, for such purpose, usereasonable force.Power ofarrest.(2) A person arrested in accordance with this section shall forthwithbe taken before a magistrate, or to a police station, to be dealt withaccording to the law.(3) Without prejudice to the powers of a police officer to arrest anyperson for an offence under this Act which is cognisable to the policeunder any written law of a Partner State for the purposes of this sectionthe expression "officer" includes a police officer.(4) An officer shall not be liable to any legal proceedings for anyaction taken in good faith in accordance with this section.157. -(1) A proper officer may, if he or she has reasonable groundsto believe that there are on any premises any uncustomed goods ordocuments relating to any uncustomed goods, enter upon and searchsuch premises by day or by night; and for such purpose the properofficer may use all reasonable force and may require the assistance of,and take with him or her, another officer or a police officer.Power tosearchpremises.(2) Where a proper officer enters upon any premises in accordancewith this section the proper officer may-(a) require the owner or occupier of the premises to produce,either immediately or at a time and place to be fixed by theproper officer, any book, document, or thing, which theowner or occupier is required to keep under the provisionsof the Customs laws or which relates to any imported,exported or transferred goods, or to any goods to beimported, exported or transferred by the owner or occupier,(b) examine and take copies of any such book or document;(c) seize and detain any such book, document, or thing, if, inhis or her opinion, it may afford evidence of thecommission of any offence under this Act;105