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Forfeitures.
49.-(1.) All fines and forfeitures under this Ordinance Disposal of or any rule or regulation made thereunder and any bail fines and which may be estreated by a Magistrate under this Ordi- forfeitures. nance shall go to the Superintendent and shall be disposed of in such manner as the Governor shall direct.
(2.) All opium in respect of which any offence against General this Ordinance or against any permit granted thereunder forfeitures. or any breach of the restrictions and conditions subject to or upon which any licence has been granted has been or is being committed may together with any implements be seized by any revenue or police officer and all such opium and implements, as also any ship of less than 15 tons in which the same may be found, may be forfeited.
(3.) Any opium or implement shall, if found without Forfeiture any apparent owner or if unclaimed after such notice given of opium as to a Magistrate may seem fit, be forfeited.
Procedure and Legal.
discovered but un- claimed.
50. All informations to be laid, and all warrants to be Process may issued, and all arrests and seizures to be made under this be served
• Ordinance may be had or done on any day including on holidays. holidays.
seizure not
51. In any proceedings before a Magistrate or on appeal Manner of to the Supreme Court relating to the seizure of any opium, to be enquir- implements or other articles, the seizure whereof is au- ed into on a thorized by any of the provisions of this Ordinance, it shall trial before be lawful for such Magistrate and for the Judges, and they a Magistrate or on appeal are hereby respectively required, to proceed in such cases to Supreme on the merits only, without reference to matters of form Court. and without inquiring into the manner or form of making any seizure, excepting in so far as the manner and form of seizure may be evidence on such merits.
52.-(1.) Except as hereinafter mentioned, no informa- Rules as to tion laid under this Ordinance shall be admitted in evidence secrecy of
information in any civil or criminal proceeding, and no witness shall be
and protec- obliged to disclose the name or address of any informer or tion of to state any matter which might lead to his discovery, and informers. if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain any entry in which any such informer is named or described or which might lead to his discovery, the Court or Magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery, but no further.
(2.) But if, in any proceedings before a Magistrate for Except any offence against any provision of this Ordinance, the where Magistrate, after full inquiry into the case, believes that necessary. the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if, in any other proceeding, the Court or Magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the Court or Magistrate to require the production of the original information, aud to permit inquiry and require full disclosure concerning the informer.
53.(1.) Whenever two or more persons are charged Magistrate with any offence against this Ordinance the Magistrate may permit any of them to give evidence for the prosecution.
may permit accused
persons to give evidence for prose- cution in certain cases.
(2.) Every person so permitted to give evidence who Accused shall in the opinion of the Magistrate make true and full persons thus discovery of all things as to which he is lawfully examined, assisting shall be entitled to receive a certificate of indemnity under to obtain
prosecution the hand of the Magistrate stating that he has made a true indemnity and full discovery of all things as to which he was
from prose- cution: examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.
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