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Procedure on hearing appeal.
Presumptions relating to publication.
Proof of certain matters.
Search and seizure under warrant.
31. In the case of any appeal under section 30—
(a) the High Court may confirm the decision of the Tribunal or may order it to re-hear or re-open the proceedings to be determined in accordance with the point of law decided by it;
(b) the powers and duties of a High Court shall be exercised and performed by the Chief Justice or by such one of the judges as the Chief Justice shall from time to time appoint; and
(c) the High Court may make such order as to costs as it may think fit.
PART VII
ENFORCEMENT
32. For the purposes of this Ordinance, a person shall-
(a) be deemed to possess an article for publication if he possesses it with the intention of manufacturing or reproducing a copy of it for publication; and
(b) be presumed, until the contrary is proved, to possess an article for
publication if he possesses more than 2 copies of it.
33. (1) A document purporting to be under the hand of the Registrar certifying that—
(a) an article was at any time classified as a Class I, a Class II or a Class III
article;
(b) notice in accordance with section 19(2) was given in the manner and on the
date specified in that document in respect of that article,
shall be admissible on its production and without further proof in any proceedings and such document shall be conclusive evidence of the facts contained in it unless it is proved that the document was not signed by the Registrar.
(2) A document purporting to be under the hand of a presiding magistrate stating a decision or determination of a Tribunal shall be admissible on its production and without further proof in any proceedings and such document shall be conclusive evidence of the facts contained in it unless it is proved that the document was not signed by a presiding magistrate.
34. (1) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in or on any premises, place, vessel, aircraft or vehicle-
(a) any article in respect of which an offence under section 21 or 26 has been or
is being or is about to be committed; or
(b) anything which is, or contains, evidence of the commission of any such
offence,
issue a warrant authorizing any person being a police officer or member of the Customs and Excise Service to enter such premises, place, vessel, aricraft or vehicle, and search for, seize, remove and detain any such article or thing.
(2) An authorized officer may—
(a) if he is a police officer, call on any member of the Customs and Excise
Service; or
(b) if he is a member of the Customs and Excise Service, call on any police
officer,
to assist him in the exercise of the powers conferred by this section.
(3) An authorized officer or an assisting officer may, at any time of the day or night-
(a) enter and search any premises or place named in the warrant; or
(b) stop, board and search any vessel, aircraft or vehicle named in the warrant.
(4) An authorized officer or an assisting officer may seize, remove and detain--- (a) any article in respect of which he reasonably suspects that an offence under
section 23 or 28 has been or is being or is about to be committed; or
(b) anything whatever which he reasonably suspects to be, or to contain,
evidence of the commission of such an offence.
(5) In this section-
"aircraft" does not include a military aircraft;
"vessel" does not include a ship of war or a ship having the status of a ship of war.
35. An authorized officer or an assisting officer may in relation to his powers Ancillary powers under a warrant-
(a) use such force as is reasonably necessary to enter any premises or place
which he is empowered to enter and search;
(b) use such force as is reasonably necessary to stop, board, or search any vessel, aircraft or vehicle which he is empowered to stop, board and search;
(c) use such force as is reasonably necessary to remove any person or thing
obstructing him in the exercise of those powers;
(d) detain any person found in or on any premises, place, vessel, aircraft or vehicle which he is empowered to enter and search until it has been searched; and
(e) prevent any person from approaching, boarding or leaving any vessel, aircraft or vehicle which he is empowered to enter and search until it has been searched.
of officers under warrant.
36. In addition to any power he may have under section 34, any member of the Seizure by Customs and Excise Service may seize, remove and detain—
member of Customs and
(a) any article in respect of which he reasonably suspects that an offence under Excise Service.
section 21(1)(c) or 26(c) has been or is being or is about to be committed; and
(b) anything whatever which he reasonably suspects to be, or to contain,
evidence of the commission of such an offence.
37. Any article or thing which has been detained under section 34 or 36 and is liable to forfeiture under section 39 shall, as soon as practicable after that detention, be taken before a magistrate to be dealt with in accordance with this Part; but this section shall not apply in the case of any article which is the subject of a charge under Part IV.
38. Any person who-
(a) obstructs an authorized officer or an assisting officer in the exercise of any
power conferred by this Ordinance; or
(b) fails to comply with any reasonable requirement, direction or demand given or made by an authorized officer or an assisting officer in the execution of the warrant,
commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
Detained article to be taken before magistrate.
Obstruction.
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