ADVOKS GLOBAL · KENYA
Pharmacy and Poisons Act
45. Power to enter and search premises, etc.
Edition: 2023-12-11 · In force
45. Power to enter and search premises, etc.
(1)If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence against any of the provisions of this Act has been or is being or is about to be committed and that evidence of the commission of the offence is to be found on or in any premises, vehicle or vessel specified in the information, he may grant a search warrant authorizing any police officer to enter and search any such premises or to detain, enter and search any such vehicle or vessel, and to seize any drugs, articles or documents which the officer has reasonable cause for believing to be evidence of the commission of the offence.(2)An authorized officer, if he has reasonable cause to believe that an offence against any of the provisions of this Act is being or has been committed on or in any premises, vehicle or vessel, or that any drug, article or document in respect of which there is reasonable ground for suspecting that such offence has been or is being committed is on or in any premises, vehicle or vessel, and if the delay which would occur in obtaining a search warrant as hereinbefore provided would, or would tend to, defeat the purposes of this Act, may without such warrant enter and search any such premises or may detain, enter and search any such vehicle or vessel, and may seize any drugs, articles and documents which he has reasonable cause to believe to be evidence of the commission of any such offence.(3)Where any drug, article or document has been seized under the provisions of this section the person who has seized it shall forthwith report to a magistrate the fact of such seizure.