1988 Ed.]
Dangerous Drugs
[CAP. 134
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(6) The High Court shall not impose a financial penalty under subsection (1) where it is proved, in respect of the second of the occasions, that the master and the owner for the time being had each taken all reasonable and practicable steps to prevent the ship from being used to carry a dangerous drug.
Certificate as to finding of dangerous drugs etc.
38G. A certificate purporting to be signed by the Commissioner of Customs and Excise and certifying-
(a) the finding of a dangerous drug on any ship;
(b) the date of the finding;
(c) the amount and type of the drug;
(d) the name or other details of identification of the ship; or
(e) any of the above,
shall be admissible in evidence in any proceedings under this Part before any court on its production without further proof and, until the contrary is proved, the court shall presume-
(i) that the document is signed by the Commissioner of Customs and Excise; and
(ii) that the facts certified therein are true.
(Amended 40 of 1985, s. 9)
Right of appeal
38H. (1) Where an order has been made under section 38F, the owner of the ship in respect of which the order was made may appeal to the Court of Appeal within 21 days of the making of the order.
(2) The appeal may be-
(a) on any ground which involves a question of law alone; and
(b) with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal,
but if the judge who made the order under section 38F grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.
Grounds for allowing appeal
38I. The Court of Appeal shall allow an appeal against an order made under section 38F if it thinks that the order should be set aside on the ground of a wrong decision on any question of law or of fact or of mixed law and fact. (Amended L.N. 345/82)