CO882-(8-9) — Page 664

PUBLIC RECORD OFFICE

Reference :-

THILLC.O. 882

ستسلسلنا

6

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

Prosumption

as to com- mission of offence in certain cases.

What thing

Bacation.

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(2) Except with the special sanction of the Governor, no Magistrate shall take cognizance of any offence punishable under this Ordinance, unless the prosecu- tion is instituted within a year after the commission of the offence.

50 In prosecutions under Section 43 it shall be presumed, until the contrary is proved, that the accused person has committed an offence under that section in respect of any extisable article, or any still, utensil, implement, or apparatus whatsoever for the manufac- ture of any excisable article other than toddy, or any such materials as are ordinarily used in the manufac ture of any excisable article for the possession of which he is unable to account satisfactorily.

50.

In prosecutions under Section 43 it shall be presumed, until the contrary is proved, that the accused person has committed an offence under that section in respect of---

(a) Any excisable article; or

Omit.

(b) Any still, utensil, implement, or apparatus Insert whatsoerer for the manufacture of any ercisable article other than toddy; or

(c) Any such materials as are ordinarily used in the manufacture of any excisable article- for the possession of which, or for his conduct in con- nection with which, he is unable to account satis- factorily;

and the holder of a licence, permit, or pass under this Ordinance shall be punishable, as well as the actual offender, for any offence under Section 43 or Section 44 or Section 45 committed by any person in his employ and acting on his behalf as if he had himself committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence. Provided that no person other than the actual offender shall be punished with imprisonment, except in default of payment of fine.

51.

Whenever an offence has been committed under liable to core this Ordinance, the excisable article, materials, still, utensil, implement, or apparatus in respect of or by means of which such offence has been committed shall be liable to confiscation. Any excisable article law- fully imported, transported, manufactured, had in possession, or sold along with, or in addition to, any excisable article liable to confiscation under this section, and the receptacles, packages, and coverings in which any such excisable article, materials, still, utensil, implement, or apparatus as aforesaid is found, and the other contents, if any, of the receptacles or packages in which the same is found, and the animals, carts, vessels, or other conveyances used in carrying the same, shall likewise be liable to confiscation.

Conferation

52.--(1) When in any case tried by him the how ordered. Magistrate decides that anything is liable to confisca tion under the foregoing section, he may order con- fiscation, or may give the owner of the thing liable to be confiscated an option to pay, in lieu of confiscation, such fine as he thinks fit.

(2) When an offence under this Ordinance has been committed, but the offender is not known or cannot be found, or when anything liable to confiscation under

ווי יין

defences to

Trable by

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this Ordinance and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Government Agent, who may order confiscation.

Provided that no such order shall be made until the expiration of one month from the date of seizing the thing intended to be confiscated, or without hearing

if person, any, claiming any right thereto, and evidence, if any, which he produces in support of his claim.

the

l'rovided further, that if the thing in question is liable to speedy and natural decay, or if the Govern- ment Agent is of opinion that the sale would be for the benefit of its owner, the Government Agent may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the nett proceeds of such sale.

53. The Government Agent or any excise officer specially empowered by the Governor in that behalf may accept from any person whose licence, permit, or pass is liable to be cancelled or suspended under Clauses (a) and (b) of Section 27. or who is reason- ably suspected of having committed an offence under Section 45 or Section 47, a sum of money not exceeding two hundred rupees in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be; and in all cases whatsoever in which any property has been seized as liable to confiscation under this Ordi- nance may release the same on payment of the value thereof as estimated by such officer. On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the accused person, if in custody, shall be discharged, the property seized shall be released, and no further proceedings shall be taken against such person or property.

54. An offences under this Ordinance shall be sum- lymarily triable by Police Magistrates, who shall have Poe Courts, power to award the punishments herein, prescribed, anything in "The Criminal Procedure Code, 1898," or any other Ordinance to the contrary notwithstanding

E option of

Art ver

Power of

X.-Miscellaneous.

55. Nothing in the foregoing provisions of this Ordinance applies to the import, manufacture, pos- session, sale, or supply of any bond fide medicated article for medicinal purposes by medical practitioners. chemists, druggists, apothecaries, or keepers of dispen- saries; but the Governor in Executive Council may by notification prohibit throughout the Island or within any local area the import, manufacture, possession, supply, or sale of any such article, except under such conditions as he may prescribe. A

56. The Governor in Executive Council may by Governor to notification either wholly or partially exempt any

exempt excis-

visions of this Ordinance.

able articles excisable article from all or any of the provisions of from the pro- this Ordinance, either throughout the Island or in any specified area, or for any specified period or occasion, or as regards any specified class of persons, and may attach such conditions as he thinks fit to such exemption.

33487

Omit and insert Section 26

Insert and the provisions

of this Ordinance shall thereafter apply to any article so prohibited.

F3

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