Power to
and drugs in course of Traosit, etc.
40
may be, contained in an unopened package, any person who appears from any statement thereon or attached thereto to have imported, manu- factured or prepared such food or drug or to have enclosed it in such package shall, until the contrary is proved, be deemed to have so imported, manufactured, prepared or enclosed the same.
(3) For the purposes of this Part, the expression “for use by maD” means for human consumption or for external application to the buman body.
68. (1) Subject to the provisions of subsection (2), any public examine food officer authorized under the provisions of subsection (1) of section 59, who has reason to suspect that any vehicle, vessel or container con- tains any food which is intended for human consumption or any drug which is intended for use by man or any food or drug which is in the course of delivery after sale for human consumption or for use by man may examine the contents of such vehicle, vessel or container and may for that purpose, if necessary, detain the vehicle, vessel or container, and, in the case of a vehicle or vessel in motion, may call upn such vehicle or vessel to stop.
Restriction
of imported
tood or
(2) Nothing in this section shall authorize the detention of any vehicle, vessel or container used by a carrier of goods for the purposes of his trade as such a carrier.
(3) Any person, being a person in charge of a vehicle or vessel which is called upon to stop under the provisions of subsection (D). who fails to stop when so called upon shall be guilty of an offence.
69. (1) Without prejudice to any power of examining food or an movement drugs conferred by this Part, any public officer authorized in writing in that behalf by the Authority may give directions to the person in possession of any food or drug imported with a view to sale for human consumption or for use by man, as the case may be, probibiting or restricting its removal or delivery—
drugs.
Contraven-
some other
(4) during any period not exceeding forty eight hours; and
(6) if within that period the officer so requires, until that person has notified the officer of the name of the person to whom, and the address to or at which, he proposes to send or deliver such food or drug.
(2) A person who fails to comply with any direction given under the provisions of subsection (D), or who, in a notification thereunder. knowingly makes any false statement, shall be guilty of an offence.
70. (1) A person against whom proceedings are brought under tions due to this Part shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have any person to whose act or default he alleges that
person.
41
the contravention of the provisions in question was due brought before the court in the proceedings, and, if, after the contravention has been proved, the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence, and, if the original defendant further proves that he has used all due diligence to secure that the provisions in question were complied with, he shall be acquitted of the offence.
(2) Where the defendant seeks to avail himself of the provisions of subsection (1)
(a) the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence:
(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.
(3) Where it appears to the Authority that an offence has been committed in respect of which proceedings might be taken under this Part against some person and the Authority is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1), the Authority may cause proceedings to be taken against that other person witliout first causing proceedings to be taken against the first-mentioned person, and, in any such proceed- ings, the defendant may be charged with, und, on proof that the con- lavention was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged.
(4) In proceedings instituted under the provisions of subsection (3). the information or complaint shall set out the facts and state that the Authority concerned is reasonably satisfied that the offence of which complaint is made was due to the act or default of the person against whom the proceedings are brought.
71. (1) Subject to the provisions of this section. in any proceed- Conditions mgs for an offence under this Part, being an offence consisting of selling, under which
warranty or offering, exposing or advertising for sale or having in possession for
may be purpose of sale, any article or substance, il shall be a defence for pleaded as the defendant to prove-
defence.
the
(a) that he purchased it as being an article or substance which could lawfully be sold or otherwise dealt with as aforesaid, or, as the case may be, could lawfully be sold or dealt with under the name or description or for the purpose under or for which he sold or dealt with it, and with a written warranty to that effect; and
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