1989 Ed.]
Dutiable Commodities
[CAP. 109
35
(7) If on the expiration of the relevant period aforesaid for the giving of notice of claim in respect of any goods or thing no such notice has been given to the Commissioner, the goods or thing in question shall be deemed to have been duly condemned as forfeited. (Amended L.N. 294 of 1982)
(8) When notice of claim in respect of any goods or thing is duly given in accordance with subsection (6), the Commissioner shall apply to a magistrate for the condemnation of such goods or thing and if the magistrate finds that the goods or thing was at the time of seizure liable to forfeiture he shall condemn them or it as forfeited. (Amended L.N. 294 of 1982)
(9) In any application to a magistrate as aforesaid-
(a) the claimant shall first satisfy the magistrate that at the time of the seizure the claimant had a proprietary interest in the goods or thing so seized;
(b) a certified true copy of the record of evidence and proceedings, including the decision of the court in any criminal trial relating to such goods or thing, shall be admissible in evidence;
(c) a certificate purporting to be issued under the hand of the Director of Marine certifying the gross tonnage of any ship shall be admissible in evidence upon production of the certificate and without proof of the signature thereon;
(d) a certificate purporting to be issued under the hand of the Director of Marine certifying that the gross tonnage of any ship does not exceed 250 gross tons shall upon production of the certificate and without proof of the signature thereon be conclusive evidence as to the facts stated therein.
(10) If no claimant satisfies the magistrate that at the time of seizure he had a proprietary interest in the article or thing so seized, such article or thing shall be deemed to be forfeited.
(11) Where proceedings as aforesaid are taken for condemnation of a ship, vehicle or aircraft the magistrate may order delivery to the claimant of the ship, or vehicle or aircraft seized until the hearing of the case on security being given by payment into court of a sum of money equivalent to the value of the ship, vehicle or aircraft as assessed by the Commissioner and if the ship, vehicle or aircraft is not surrendered to the Commissioner before or at the hearing of the case the security shall be deemed to be forfeited: (Amended L.N. 294 of 1982)
Provided that nothing in this subsection shall prevent an order for forfeiture being made in respect of such ship, vehicle or aircraft.
(12) Notwithstanding the earlier provisions of this section, it shall be lawful for the Governor in Council in his absolute discretion after the conclusion of legal proceedings, if any, to entertain and to give effect to any moral claim to or in respect of any article or thing liable to forfeiture if, within 6 weeks after the article or thing is condemned as forfeited, notice in writing of