6.
| (1) Every person who-
any person from or in taking possession of any regulated equipment for and on behalf of the Government under section 4; or
shall be guilty of an offence under this Act.
| | (a) prevents, obstructs or resists; or | | |
| | (b) directly or indirectly causes anyone to prevent, obstruct or resist, | | |
| | (c) fails to comply with any written direction given under section 5, | | |
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| (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 owner of a regulated equipment or his agent or servant, order the forfeiture of such regulated equipment, in respect of which the offence is committed, to the Crown. |
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| (3) Notwithstanding anything to the contrary, every offence under sub-section (1) shall be a cognizable offence within the meaning and for the purposes of the Criminal Procedure Code. |
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| (4) Where an authorized officer is unable or apprehends that he will be unable to take possession of any regulated equipment 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 regulated equipment is kept, be entitled to an order of the Court directing the Fiscal to deliver possession of that regulated equipment to him for and on behalf of the Government. |
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| (5) Where an order under sub-section (4) is issued to the Fiscal by a Magistrate's Court, he shall forthwith execute the order and shall in writing report to the Court the manner in which that order was executed. |
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| (6) For the purpose of executing an order issued by a Magistrate's Court under sub-section (4), the Fiscal or any person acting under his direction may use such force as may be necessary to enter any place where the regulated equipment to which that order relates is kept and seize such regulated equipment, and to deliver possession thereof to the authorized officer for and on behalf of the Government. |
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Sri Lanka Consolidated Acts