Modificn-
tion of section 14.
Modifica-
tion of section 16.
9. During the continuance in force of these regulations section 14 of the Ordinance shall be applied with modifications to read as follows-
**14, (1) Any person who contravenes or attempts to contravene any provision of this Ordinance or of any regula- tion made thereunder shall be guilty of a misdemeanour and shall be liable upon conviction to imprisonment for one year and to a fine of one hundred thousand dollars unless in any case a different penalty is prescribed.
(2) Any regulation made under section 3, 4 or 5 of this Ordinance may provide that the contravention of any such regulation shall be an offence and prescribe penalties therefor : Provided that nu penalty so prescribed shall exceed a fine of one hundred thousand dollars and imprisonment for one year.
(3) For the purposes of this Ordinance and any regula- tion made thereunder, to do any act preparatory to or for the purpose of importation or exportation shall be deemed to be an attempt to import or export = Provided that an applica- tion for an import or export permit or licence under this Ordinance or any regulation made thereunder shall not be deemed to be an attempt to import or export if such applica- tion is in all respects in accord with the provisions of this Ordinance and of any regulation made thereunder.
(4) Whenever in any prosecution for an offence of importing or exporting or attempting to import or export any article contrary to the provisions of this Ordinance or of any regulation made thereunder it is proved that the accused was in possession of or had in his custody or control an article the importation or exportation of which is prohibited either absolutely or except under permit or licence, the burden of proof that he did not import or export or allempt to import or export such article shall lie upon the accused.'
10. During the continuance in force of these regulations section 15 of the Ordinance shall be applied with modifications to read as follows-
*15. (1) Wherever there occurs a contravention of any provision of this Ordinance or of any regulation made there- under in respect of any article the importation or exportation of which is prohibited under this Ordinance or any regulation made thereunder either absolutely or except under permit, certificate or licence, such article shall be liable to forfeiture whether or not any person is convicted of any offence.
(2) Any vessel not exceeding 250 gross tons and any vehicle which is made use of in the importation, exportation or attempted importation or exportation of any article contrary to the provisions of this Ordinance or any regulation made thereunder shall be liable to forfeiture whether or not any person is convicted of any offence.
(3) The Director shall within fourteen days of seizur give notice of the seizure of any article or any vehicle or vessel as liable to forfeiture to any person who to his knowledge was at the time of the seizure the owner or one of the owners thereof: Provided that where there appear to be more than one owner notice given to any one such owner shall satisfy the provisions of this section.
(4) Notice under subsection (3) shall be given in writing and shall be deemed to have been duly served on the person concerned-
(a) if delivered to hini personally; or
(b) if addressed to him and left or forwarded by registered post to him at his usual or last known place of abode or business.
(5) Where a notice under subsection (3) cannot be given, then a notice of the seizure together with the date and plac thereof shall be exhibited in a place available to the public at the office of the Director for a period of seven days within fourteen days after the said seizure.
(6) Any person claiming that any article or any vessel or vehicle seized as liable to forfeiture is not so liable shall within one month of the date of notice of seizure, give notice of his claim in writing by registered post or by delivery by band of the same to the office of the Director.
(7) If on the expiration of the relevant period aforesaid for the giving of notice of claim in respect of any article. vessel or vehicle no such notice has been given to the Director, the article, vessel or vehicle in question shall be deemed to have been duly condemned as forfeited.
(8) When notice of claim in respect of any article or vessel is duly given in accordance with subsection (6), the Director shall apply to a magistrate for the condemnation of that article, vessel or vehicle, and if the magistrate finds that the article, vessel or vehicle was at the time of seizure liable to forfeiture he shall condemn it as forfeited.