21.
| (1) Where a Judge of the High Court has ordered the detention of a foreign fishing boat pending the conclusion of any prosecution instituted in respect of that boat, the owner of the boat, permit holder, master or the authorized local representative appointed in respect of the boat, may apply to that Judge for the release of the boat on the provision of a satisfactory bond or other form of security in accordance with this section. |
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| (2) A Judge of the High Court to whom an application is made under subsection (1), shall order the release of the boat on the execution by ,a person approved by the Judge, of a satisfactory bond or other form of security in an amount not less than the aggregate of the value of the boat, (including all fishing gear, equipment, stores and cargo, the value of the fish or aquatic plants on board at the time of seizure, other than the value of any fish or aquatic plants which have been sold and the proceeds deposited in Court in accordance with the proviso to section 13 (5) ), the expenses incurred in the detention and in the repatriation of any member or members of the crew of the boat and the maximum fine to which the master, owner or charterer of such boat would be liable if convicted of the offence in respect of which a prosecution against such master, owner or character has been or is to be instituted. |
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| (3) The release of any bond or other form of security executed under this section shall be conditioned upon
| | (a) a finding by the Court that the boat has not been used in, or in connection with, the commission of an offence under this Act; or | | |
| | (b)
| | | (i) payment in full, within fourteen days of the date of the judgment of the Court, of any fine imposed by the Court and any costs ordered to be paid under section 18 (b) ; and |
| (ii) delivery to the Court, on the order of the Court, of the boat (including all fishing gear, equipment stores and cargo, and of any fish or aquatic plants ordered to be forfeited) with out any impairment of its value, or payment of the monetary value thereof as determined by the Court, where the Court finds that the boat has been used in, or in connection with, the commission of an offence under this Act. |
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| (4) The amount specified in the bond or other form of security shall be recoverable in full in any court of competent jurisdiction, as a debt due to the State jointly and severally by the person or persons by whom the bond or other form of security is given, unless such person or persons prove the due performance of the condition on which the bond is released. |
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Sri Lanka Consolidated Acts