1988 Ed.]
Dangerous Drugs
[CAP. 134
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Commissioner of Customs and Excise may seize and detain ship
38B. Where the Commissioner of Customs and Excise has reasonable cause to suspect— (Amended, 40 of 1985, s. 9)
(a) that an excessive quantity of dangerous drugs has been found on a ship exceeding 250 gross tons; and
(b) that an excessive quantity of dangerous drugs was found on that ship within 18 months prior to the finding specified in paragraph (a),
he may, with the written consent of the Attorney General, seize and detain the ship for 48 hours.
Magistrate may order arrest and detention of ship
38C. (1) Whenever, on an application made by the Commissioner of Customs and Excise with the written consent of the Attorney General, it appears to a magistrate that there is reasonable cause to suspect-
(a) that an excessive quantity of dangerous drugs has been found on a ship exceeding 250 gross tons; and
(b) that an excessive quantity of dangerous drugs was found on that ship within 18 months prior to the finding specified in paragraph (a),
he shall order-
(i) in a case where the ship has already been seized and detained under section 38B, that it continue to be detained; and
(ii) in any other case, that it be arrested and detained,
(2) Where an order for detention or arrest and detention is made by a magistrate under subsection (1), he shall further order that the proceedings be transferred to the High Court.
Registrar to order summons to be served on ship
38D. (1) On proceedings being transferred to the High Court under section 38C(2), the Registrar of the Supreme Court shall order that a summons be served on the ship containing details of the time and place at which the High Court will hear an application by the Commissioner of Customs and Excise for an order for the payment of a financial penalty under section 38F. (Amended, 40 of 1985, s. 9)
(2) A summons ordered to be served under subsection (1) shall be served on the ship by affixing it to the mast or other prominent part of the ship.
Bail
38E. (1) At any time after an order has been made under section 38C(1) for the detention or arrest and detention of a ship and before the application of the Commissioner of Customs and Excise is determined under section 38F(1), a judge may, on application made by the owner or master and served on the Attorney General and on being satisfied that the requirements of subsections (2) and (3) have been complied with, admit the ship to bail and order its release. (Amended, 40 of 1985, s. 9)
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