10. Section 40 of the principal Act is hereby repealed and the following new section substituted therefor: -
| 40.
| | (1) If the Head of the Department of Exchange Control or any such officer who is designated as an Assistant to him or any such slate officer not below the rank of Assistant to the Head of a Department of State, as may be authorized by the Head of the Department of Exchange Control to act for the purposes of this section is satisfied-
| | | (a) that there is reasonable ground for suspecting that an offence under this Act has been or is being committed and that evidence of the commission of the offence is to be found at any premises or in any vessel, vehicle or air. craft or with any person; or |
| (b) that any books, accounts or other documents which ought to have been produced under section 39 and have not been so produced are to be found at such premises or in any such vehicle, vessel or aircraft or with such person; or |
| (c) that any foreign currency is to be found at any such premises or in any such vehicle, vessel or aircraft or with any such person. |
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| | (2) The Head of the Department of Exchange Control or such officer, as the case may be, may seize any article which is found in the premises or in the vehicle, vessel or aircraft aft or with the person and which he has reasonable grounds for believing to be evidence of the commission of any offence under this Act, or any books, accounts or documents which he has reasonable grounds for believing ought to have been produced under section: 39: | | |
| | (3) Where by virtue of this section a person has any power to enter into any premises, he may use such force as is reasonably necessary for the purpose of exercising that power. Where by virtue of this section, an officer has power to search a person, such officer may examine such person, and such person shall answer truly all questions put to him by the officer examining him. | | |
| | (4) No person shall obstruct any other person in the exercise of any powers conferred on that other person by virtue of the preceding provisions of this section. | | |
| | (5) Any person empowered to do any act under this section may, if he thinks fit so to do, obtain the assistance of a peace officer for doing such act". | | |
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Sri Lanka Consolidated Acts