Section 39

If the owner of any linen or apparel or unfinished goods or materials entrusted to any person as aforesaid and unlawfully pawned with a pawnbroker, or the owner of any other article unlawfully pawned with the pawnbroker, the last-mentioned owner having on oath satisfied a Magistrate’s Court that his goods have been unlawfully obtained, taken or withheld from him, makes out on oath before a Magistrate’s Court that there is good cause to suspect that a pawnbroker has taken in pawn the linen, apparel, goods, materials or articles aforesaid without the privity or authority of the owner, and makes appear to the satisfaction of the Magistrate’s Court probable grounds for such suspicion, the Magistrate’s Court may issue a warrant for searching, within the hours of business, the shop of the pawnbroker.

If the pawnbroker, on request by a police officer authorised by the warrant to make the search, refuses to open the shop or permit it to be searched, a police officer may break it open within the hours of business and search as he thinks fit therein for the linen, apparel, goods, materials or articles aforesaid, doing no wilful damage, and if any pawnbroker or other person opposes or hinders the search, he shall be guilty of an offence.

If on the search any linen, apparel, goods, materials or articles aforesaid is or are found and the property of the owner thereof is made out to the satisfaction of a Magistrate’s Court, the Court shall cause the same forthwith to be restored to the owner thereof.[37