8.
| (1) Every person who-
shall be guilty of an offence under this Law. | | (a) prevents, obstructs or resists or directly or in directly causes any one to prevent, obstruct or resist, any person from or in taking possession of any lorry for and on behalf of the Government under section 2 (3) or section 7 (1); or | | |
| | (b) wilfully immobilises or attempts to immobilise any lorry or directly or indirectly causes any lorry to be immobilised with the intention of preventing, obstructing or resisting, any person from or in taking possession of any lorry under section 2 (3) or section 7 (1): or | | |
| | (c) fails to comply with any written directions given under section 2 (4) or section 7 (2), | | |
|
|
| (2) Any person guilty of an offence under subsection (1) shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a. period not exceeding two years or to a fine not exceeding two thousand rupees or to both such imprisonment and fine: and the Magistrate may, where such offence is committed by the registered owner of a lorry or his agent or servant, order the forfeiture of such lorry in respect of which the offence is committed, to the Republic. |
|
| (3) Notwithstanding anything to the contrary. every offence under subsection (1) shall be a cognizable offence within the meaning and for the purposes of the Criminal Procedure Code. |
|
| (4) Where an authorized officer is unable or apprehends that he will be unable to take possession of any lorry for and on behalf of the Government because of any obstruction or resistance that has been or is likely to be offered, he shall, on his making an application in that behalf to the Magistrate's Court having jurisdiction over the place where the lorry is kept, be entitled to an order of the Court directing the Fiscal to deliver possession of that lorry to him for and on behalf of the Government. |
|
| (5) Where an order under subsection (4) is issued to the Fiscal by a Magistrate's Court, he shall forth- with execute the order and shall in writing report to the Court the manner in which that order was executed. |
|
| (6) For the purpose of executing an order issued by a Magistrate's Court under subsection (4), the Fiscal or any person acting under his direction may use such force as may be necessary to enter any place where the lorry to which that order relates is kept and seize such lorry, and to deliver possession thereof to the authorized officer for and on behalf of the Government. |
|
|
Sri Lanka Consolidated Acts