21.
| (1) Where a person (hereinafter referred to as " the accused ") is charged with an offence under this Act, he shall, upon complaint duly made by him in accordance with the provisions of section 136 of the Code of Criminal Procedure Act, No. 15 of 1979, and on giving to the prosecution not less than three days' notice of his intention, be entitled to have any other person whom he charges as the actual offender brought before the court, and if, after the commission of the offence has been proved, the accused proves to the satisfaction of the court that the commission of the offence was due to the act or default of such other person, such other person may be convicted of the offence, and, if the accused further proves that he has used all due diligence to enforce the provisions of this Act, he shall be acquitted of the offence. |
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| (2) Where an accused seeks to avail himself of the provisions of subsection (1) -
| | (a) the prosecution, as well as the person whom the accused charges with being the actual offender, 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 evidence in rebuttal; and | | |
| | (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. | | |
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| (3) Where it appears to the relevant Food Authority that an offence has been committed under this Act in respect of which proceedings might be taken under this Act against some person and such Authority is reasonably satisfied that the offence complained of was due to an act or default of some other person and that the first-mentioned person could establish a defense under subsection (1) of this section, such Authority may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned person. |
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Sri Lanka Consolidated Acts