12. The following new sections are hereby inserted immediately after section 15, and shall have effect as sections 15A, 15B, 15C and 15D, of the principal enactment: -
| 15A.
| | (1) Any person who has any forged coupon in his possession or tenders any forged coupon for the purpose of obtaining petrol, shall be guilty of an offence, unless he proves to the satisfaction of the court-
| | | (a) that the coupon was attached to a permit issued to him by the Controller, or by any other officer or person acting on behalf of the Controller, or by any person purporting to act and reasonably believed to have been acting on behalf of the Controller at the place at which permits are ordinarily issued to him ; or |
| (b) that the coupon was delivered to him by some other person, of whom he was the agent or servant, for the purpose of enabling him to obtain petrol from a vendor on behalf of such other person ; or |
| (c) that, at the time of the commission of the alleged offence, he was a vendor, and the coupon was detached from a permit in accordance with the provisions of section 10 upon the sale or delivery of petrol to any person at a retail depot of such vendor, and the coupon could not reasonably have been suspected to be a forged coupon; or |
| (d) that, at the time of the commission of the alleged offence, he was a supplier or the agent or servant of a supplier and the coupon was transmitted to him by a vendor in accordance with the provisions of section 11. |
|
| | (2) Any person who-
| | | (a) has in his possession a coupon that has been surrendered to the vendor in respect of a retail depot for the purpose of obtaining petrol, or tenders any invalid coupon for the purpose of obtaining petrol, or |
| (b) has in his possession, or tenders for the purpose of obtaining petrol, any coupon that has been cancelled by means of any perforation made by or under the direction of the Controller, |
|
|
|
| 15B.
| | (1) Any person who makes or counterfeits, or has in his possession, any plate, die or stamp or other instrument or material used or capable of being used for forging permits or coupons shall be guilty of an offence. | | |
| | (2) A prosecution for an offence under subsection (1) shall not be instituted except by, or with the sanction of, the Attorney-General. | | |
|
|
|
15C.
| | (1) It shall be lawful for any police officer of a rank not below that of Sergeant in charge of a police station to seize any permits or coupons which he has reasonable grounds to believe to be forged permits or forged coupons. | | |
| | (2) If any police officer of a rank not below that of Assistant Superintendent has reasonable grounds for suspicion that any forged permits or forged coupons or any instruments or materials used for forging permits or coupons are concealed, kept or deposited in any place and is satisfied that it is expedient that such place should be searched for the purpose of seizing such permits, coupons, instruments or materials and that by reason of urgency or other good cause it is impracticable to apply for a search warrant under the Criminal Procedure Code, such officer may, after recording the grounds of his suspicion-
| | | (a) enter and search such place and seize any permits, coupons, instruments or materials found therein and reasonably believed to be forged permits or forged coupons or to be used for forging permits or coupons ; or |
| (b) by written order authorize any other police officer to exercise the powers referred to in paragraph (a) of this subsection. |
|
| | (3) All documents or articles seized under subsection (1) or subsection (2), together with a list of such articles, shall be taken forthwith before the Magistrate's Court having jurisdiction in the place of seizure and shall be dealt with in such manner as the court may by order direct. | | |
|
|
| 15D. Where any offence under this Ordinance is committed by a body of persons, then-
| | (a) if the body of persons is a body corporate, every director and officer of that body corporate shall be deemed to be guilty of such offence, and | | |
| | (b) if the body of persons is a firm, every partner of that firm shall be deemed to be guilty of such offence : | | |
|
|
|
Sri Lanka Consolidated Acts