74 Search and seizure of cash

(1) An officer of the Seychelles Police Force or an officer of the AntiCorruption Commission of Seychelles or an Officer of Customs or an Immigration Officer or an officer of any other authority as may be specified by notice, may search without warrant, a person at or in the vicinity of any port or airport or within the limit of the territorial sea as defined in the Maritime Zones Act, his or her luggage or other property in his or her possession or in the immediate vicinity and any vehicle or vessel belonging to him or her, or in which, or in the vicinity of which, he or she was found, which is suspected of being connected to him or her, if—
(a) the person is importing or exporting, or intends or is about to import or export, or has possession or control of an amount of cash which is not less than the prescribed sum; or
(b) the cash found on the person represents the proceeds of crime or is intended by any person for use in connection with any criminal conduct; or
(c) the cash is in excess of the prescribed sum and was not declared by the person when entering or leaving the Seychelles.
(Amended by Act 7 of 2021)
(2) The officers referred to in subsection (1) may seize, any cash found during a search under subsection (1) if they have reasonable grounds for

suspecting that it represents proceeds of crime, or is intended by any person to be used in connection with any criminal conduct and shall have the authority to seek further information from the carrier regarding the origin of the cash and its intended use and notify the FIU regarding such cash seizure in such form and manner as may be prescribed. (Substituted by Act 62 of 2021)
(3) Cash seized under subsection (2) shall not be detained for more than 14 days unless the detention beyond 14 days is authorised by an order made by a Judge and such order shall be made where the Judge is satisfied—
(a) that there are reasonable grounds for the suspicion under subsection
(1);
(b) that the detention of cash beyond 14 days is justified while its origin or derivation is further investigated or consideration is given to the institution (whether in Seychelles or elsewhere) of criminal proceedings against any person for an offence in which cash is involved.
(4) An order under subsection (3) shall authorise the continued detention of the cash for such period not exceeding 60 days beginning with the date of the order, as may be specified in the order, and the Judge, may thereafter from time to time, by order, authorise the further detention of the cash but the aggregate period of detention shall not exceed 12 months from the date of the initial order.
(5) Where an application has been submitted under section 76 for an order for the forfeiture of cash detained under this section, the cash shall, notwithstanding the foregoing, continue to be so detained until the application is finally determined by the Court.
(6) An application for an order under subsection (3) or (4) shall be submitted by or on behalf of the Attorney-General or a prosecutor on behalf of Anti-Corruption Commission of Seychelles.
(7) The Court may, on an application submitted by the person from whom the cash was seized under subsection (2), direct the release of all or part of the cash, if it is satisfied that there are no reasonable grounds for the detention of all or part of the cash under subsection (1).
(8) The cash seized under subsection (2) shall not be released if—
(a) an application for its forfeiture is made under section 76;
(b) proceedings have been instituted (whether in Seychelles or elsewhere) against the person for an offence with which the cash is connected, until the proceedings pursuant to the application or, as the case may be, the proceedings for that offence have been concluded.
(9) Cash seized under subsection (2) and detained for more than 48 hours shall, unless required as evidence of an offence, be held in an interest-bearing account and the interest accruing on any such cash shall be added to that cash on its forfeiture or release.

(10) For the purposes of this section “prescribed sum” means, such sum as may be prescribed by the Minister from time to time and until such time, it shall be SCR50,000 or its equivalent in any currency.