23. The following new sections are hereby inserted immediately after section 66 of the principal enactment, and shall have effect as sections 66A, 66B, 66c, 66D, 66E, 66F, 66G, 66H, 66J, 66K and 66L of that enactment:
| 66A.
| | (1) Where there is reason to believe that an offence under this Act or any regulation or rule made thereunder has been committed, all equipment, tools, carts, vessels, guns, tackle, apparel, motor vehicles or any other means of conveyance used in committing any such offence, together with any goods, may be taken into custody by any officer of the Ports Authority duly authorized in writing in that behalf, within the area of the Ports Authority and such officer may detain the person in possession of such property and hand over such person to the nearest police station: | | |
| | (2) Where any property is taken into custody under subsection (1) the Authority shall produce such property when proceedings are instituted and the Court may permit the Authority to have custody of the same until the conclusion of such proceedings and produce whenever required by Court. | | |
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| 66B. Every officer taking into custody any property referred to in section 66A shall place on such property or the receptacle (if any) in which it is contained a mark indicating that the same has been so taken into custody and shall as soon as may be, make a report of the circumstances. Upon the receipt of such report the Ports Authority shall forthwith forward the same to the Magistrate having jurisdiction to try the offence and such Magistrate shall take such measures as may be necessary to hear and determine the case and the disposal of the property according to law. |
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| 66C. Where any person is convicted of an offence under this Act, or any regulation or rule made thereunder, all equipment, tools, carts, vessels, tackle, apparel, motor vehicles, and other means of conveyance used in the committing of any offence, together with any goods and all other things made use of in any way in the concealment or removal of any goods, shall be confiscated, by order of the convicting Magistrate. Such confiscation shall be in addition to any other punishment prescribed for such offence. |
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| 66D. When the trial of an offence under this Act or any regulation or rule made thereunder has been concluded, the property confiscated shall be taken possession of by an officer of the Ports Authority duly authorized in that behalf and may be disposed of in such manner as the Court may order. |
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| 66E. Where an order for the confiscation of any property has been made and an appeal has not been presented or where on an appeal the order has been confirmed the property confiscated shall vest in the Ports Authority free from all encumbrances. |
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| 66F. Any employee of the Ports Authority duly authorized by the Authority or a police officer shall prevent the commission of any offence under this Act or any rule or regulation made thereunder. |
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| 66G.
| | (1) An employee of the Ports Authority duly authorized in that behalf may having regard to the circumstances in which the offence was committed and the seriousness of the offence, compound an offence under this Act or any regulation or rule made thereunder for a sum of money equal to not less than one-fifth of the maximum fine imposable for such offence, and may, as part of the compounding of the offence, order the release of any thing taken into custody under section 66A: | | |
| | (2) The compounding of any offence under this section -
| | | (a) shall be notified in writing under the signature of both parties to the Magistrate; |
| (b) shall have the effect of an acquittal of the accused. |
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| 66H.
| | (1) It shall be the duty of every person entering any specified port to make a declaration in the prescribed form of all articles in his possession at the time of entering such port and hand over such declaration to the officer authorized by the Ports Authority to accept such declaration. | | |
| | (2) If any article not declared under subsection (1) is found in the possession of any person, such article shall be presumed to be stolen property until the contrary is proved. | | |
| | (3) Where any officer duly authorized by the Ports Authority or any police officer finds any person in possession or charge of any article presumed to be stolen he may detain such person and hand over such person to the nearest police station to be dealt with according to law, | | |
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| 66J.
| | (1) The Ports Authority may, notwithstanding anything hereinbefore contained, direct the sale of any property taken into custody under section 66A and subject to speedy and natural decay, and may deal with the proceeds as it might have dealt with such property if it had not been sold : | | |
| | (2) Where the property referred to in subsection (1) is taken into custody and the claimant is found not guilty by court the proceeds of the sale after deducting the payments referred to in subsection (6) of section 39 shall be paid to such claimant. | | |
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| 66K. It shall be lawful for the Ports Authority to sell by public auction property confiscated under the provisions of this Act or any regulation or rule made thereunder, and the proceeds of such sale shall be applied by the Ports Authority for the payments referred to in subsection (6) of section 39 and the balance (if any) shall be credited to the reward fund of the Ports Authority. |
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| 66L. In any inquiry or other proceeding for any offence under this Act the averment that such offence was committed within the limits of any port or within the area of the Ports Authority shall be sufficient, without proof of such limits or the area of the Ports Authority, unless the contrary is proved.". |
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Sri Lanka Consolidated Acts