||Title:||IMPORT AND EXPORT ORDINANCE||Gazette Number:||66 of 2000|
|Section:||13||Heading:||Claim and disposal of prohibited articles found without owner||Version Date:||01/07/1997|
Adaptation amendments retroactively made - see 66 of 2000 s. 3
(1) The Commissioner or any authorized officer may order that any prohibited article which is found without an apparent owner shall be stored in a place specified by him subject to such conditions as he may impose.
(2) Any person who, being in possession of a prohibited article which is found without an apparent owner, fails to comply with an order given by the Commissioner or an authorized officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months.
(3) Where a prohibited article is stored in a specified place pursuant to an order given under subsection (1), the Commissioner or an authorized officer shall, within the period of 72 hours after the prohibited article has been stored in that place, cause a notice to be exhibited at the Customs and Excise Department in a place to which the public have access-
(4) When a claim to ownership of a prohibited article is submitted to the Commissioner pursuant to a notice given under subsection (3), the person who has made a claim shall produce to the Commissioner or an authorized officer such evidence as to his ownership as may be required by the Commissioner or authorized officer. (Amended 62 of 1993 s. 5)
(a) stating that the prohibited article has been stored in that place;
(b) calling upon the owner of the prohibited article to submit to the Commissioner a claim in respect of it within 30 days; and
(c) stating his intention to apply to a magistrate at the expiration of 30 days from the date of the notice for an order that the prohibited article be forfeited to the Government. (Amended 66 of 2000 s. 3)
(5) Without prejudice to any provision of this Ordinance relating to the seizure of any article which is liable to forfeiture, the Commissioner or an authorized officer may, if he is satisfied of the validity of a claim made under subsection (4), authorize in writing the person who has made a claim to remove the prohibited article from the place in which it was stored, subject to the prior payment by the person who has made a claim of all storage and other charges which have accrued in respect of the storage of the article in the specified place. (Amended 62 of 1993 s. 5)
(6) A magistrate shall, if satisfied that the provisions of this section have been complied with and that no claim to ownership has been established, on the application of the Commissioner or an authorized officer, order that a prohibited article be forfeited to the Government. (Amended 66 of 2000 s. 3)
(Amended L.N. 294 of 1982)