40.—(1) Where a member of the Garda Síochána or an officer of Customs and Excise has reasonable grounds for believing that there is evidence on a person of an offence committed under this Act the member or officer may without warrant—

(a) search or cause to be searched the person and, if the member or officer considers it necessary, detain the person for such time as is reasonably necessary to carry out the search,

(b) search or cause to be searched a vehicle in which the member or officer suspects that evidence in relation to an offence committed under this Act may be found and for the purpose of carrying out the search, if the member or officer thinks fit, require the person who is in charge or control of the vehicle to bring it to a stop and when stopped to refrain from moving it or, in case the vehicle is already stationary, to refrain from moving it, or

(c) seize and detain under section 38(4)(v), or cause to be seized and detained anything found in the course of a search under this section which any such member or officer reasonably suspects to be something which might be required as evidence in proceedings for such an offence.

(2) Where a member of the Garda Síochána or an officer of Customs and Excise decides to search or cause to be searched a person under subsection (1) the member or officer may require the person to accompany that member or officer to either a Garda Síochána station or a customs office for the purpose of being so searched at that station or office.

(3) A member of the Garda Síochána may stop a vehicle, vessel or aircraft for the purposes of this Act and may require it to be moved for inspection to such place as he or she directs.

(4) Nothing in this Act operates to prejudice any power to search or to stop, or to seize or detain property, which may, apart from this Act, be exercised by a member of the Garda Síochána or an officer of Customs and Excise.