3.
| (1) Any person who-
| | (a) prints, publishes, sells or lets on hire any publication to which this Act applies, or | | |
| | (b) has in his possession any such publication for the purpose of selling it or letting it on hire, | | |
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| (2) Where a person is prosecuted for an offence under subsection (1) with respect to any publication (hereafter in this subsection referred to as " the relevant publication "), the court, if satisfied by information on oath or affirmation that there is reasonable cause to believe that such person has in his possession or under his control-
| | (a) any copies of the relevant publication or any other publication to which this Act applies, or | | |
| | (b) any plate or photographic film prepared for the purpose of printing copies of the relevant publication or any other publication to which this Act applies, | | |
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| (3) The provisions of the Criminal Procedure Code relating to search warrants shall apply to search warrants issued under subsection (2). |
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| (4) Where any person is convicted of an offence under subsection (1), and any such copy, plate or photographic film in his possession or under his control as is referred to in subsection (2) has been seized under that subsection, the court shall order such person to show cause why the seized article should not be destroyed and, if he fails to show cause, shall order such article to be destroyed. An order made under this subsection for the destruction of any seized article shall not take effect until the expiration of the period within which an appeal to the Supreme Court in the matter of the proceedings in which the order was made may be lodged or, where such an appeal is lodged, until the appeal is finally decided. |
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| (5) Where an offence under subsection (1) is committed by a body corporate, any person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. |
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| (6) A prosecution for an offence under subsection (1) shall not be instituted except by, or with the sanction of, the Attorney-General. |
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Sri Lanka Consolidated Acts