Sri Lanka Consolidated Acts

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Explosives (Amendment) Act (No. 33 of 1969) - Sect 13

Amendment of section 26 of the principal Act

13. Section 26 of the principal Act is hereby mended as follows: -
(1) in sub-section (2) of that section, by the substitution-
(a) in paragraph (a) of that sub-section, for the expression " sub-section (3); and ", of the expression " sub-section (5); and ''; and
(b) in paragraph (b) of that sub-section, for the expression " for an analysis there of and a report on the results of the analysis. ", of the expression " for an analysis thereof and a certificate specifying the results of the analysis. ";
(2) by the renumbering of sub-section (3) of that section as sub-section (5) of that section;
(3) by the insertion, immediately after sub-section (2) of that section, of the following new subsections :-
" (3) Where in any prosecution of a person for an offence under this Act, a certificate of the Government Analyst is produced in court to the effect that he is satisfied that an article in respect of which the offence is alleged to have been commit ed is an explosive as defined in this Act the court shall presume, until the contrary is proved, that the article in respect of which the offence is alleged to have been committed is an explosive as defined in this Act.
(4) Where in any prosecution of a per son for an offence under this Act, a certificate of the Government Analyst is produced in court to the effect that he is satisfied that an article in respect of which the offence is alleged to have been committe is not an authorized explosive as define in the regulations made under this Act the court shall presume, until the contrary is proved, that the article in respect of which the offence is alleged to have bee: committed is not an authorized explosive as defined in the regulations made under this Act. ";
(4) and in the renumbered sub-section (5) of that section, by the substitution, in paragraph (a) of that sub-section, for the expression " period of fourteen days ", of the expression " period of three months " .


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