Addition of
new section
40.A.
Repeal and replacement
of section 41.
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24. The principal Ordinance is amended by the addition thereto, after section 40, of the following new section-
"Limitation
of time for prosecution
of offences.
40A. A complaint may be made or an information laid in respect of an offence under any of the provisions of this Ordinance within twelve months from the time when the matter of such complaint or information respectively
arose.".
25. Section 41 of the principal Ordinance is repealed and replaced by the following-
"Forfeiture
of vehicles and vessels in certain
Cases.
41. (1) Any vehicle and any vessel not exceeding two hundred and fifty gross tons seized under the provisions of paragraph (f) of subsection (1) of section 13 which has been made use of in the contravention or attempted contravention of any of the provisions of this Ordinance shall be liable to forfeiture whether or not any person has been convicted in respect of such contravention or attempted contravention.
(2) Within twenty-one days of the seizure of any vehicle or vessel appears to him to be liable to forfeiture under the provisions of subsection (1), the Director may serve notice of such seizure-
(4) in the case of a vehicle, on any person who to his knowledge was, at the time of such seizure, the owner or one of the owners thereof; and (b) in the case of a vessel, on any person who to his knowledge was, at the time of such seizure, the master or the owner or one of the owners thereof:
Provided that, where there is more than one owner of any such vehicle or vessel, such notice given to any one such owner shall satisfy the provisions of this subsection.
(3) A notice under the provisions of subsection (2) shall be deemed to have been duly served if-
(a) it is delivered to the person on whom it is to be
served; or
(b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or (c) where it cannot be served in accordance with the provisions of paragraph (@) or (b), the notice is exhibited at the office of the Director in a place to which the public have access for a period of seven days commencing within twenty-one days of the seizure of the vehicle or vessel.
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(4) The owner of a vehicle or vessel in respect of which a notice has been served under the provisions of subsection (2) or any person authorized by him for the purposes of this subsection or the person from whom such vehicle or vessel was seized or the master of such vessel (hereinafter referred to as the claimant) may, within one month after-
(a) the date of the notice of seizure; or
(b) where such notice was served under the provi
sions of paragraph (c) of subsection (3), the first day on which the same was exhibited, claim such vehicle or vessel as not being liable to forfeiture by giving to the Director notice in writing of such claim by sending it to him by registered post.
(5) If, on the expiry of the appropriate period limited by the provisions of subsection (4) for the giving of a notice of claim, no such notice has been duly given to the Director, the vehicle or vessel shall be forfeited to the Crown.
(6) (a) Where a notice of claim is given in accord- ance with the provisions of subsection (4), the Director shall apply in writing in the prescribed form to a magistrate for the forfeiture of the vehicle or vessel and shall state therein the name and address of the claimant as specified in the notice of claim.
(b) When any such application is made to a magis- trate, the magistrate shall issue his summons in the prescribed form to the claimant requiring him to appear before a magistrate upon the hearing of such application, and shall cause a copy of such summons to be served on the Director.
(c) If, at the time and place appointed in the sum. mons, the claimant or some other person who, though not the claimant, was or would have been entitled to make a claim under the provisions of subsection (4) appears before a magistrate, the magistrate shall proceed to hear the application. (d) If, at such time and place, neither the claimant nor any other person who, though not the claim- ant, was or would have been entitled to make a claim under the provisions of subsection (4) appears before a magistrate and it is made to appear to the magistrate that the summons was