5. Section 28 of the principal enactment is hereby amended by the repeal of subsection (2) of that Section, and the substitution therefor, of the following sub- sections :
| " (2) Upon the conviction of any person for an offence under the provisions of subsection (1) the Magistrate may make order declaring that
| | (a) any substance or article which is not the property of the State in respect of which such offence has been committed ; and | | |
| | (b) all vehicles, vessels, boats, crafts, machinery and other equipment used in, or in connection with, the commission of such offence (whether such vehicles, boats, crafts, machinery are owned by such person or not), | | |
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| (3) Any property forfeited to the State under subsection (2) shall
| | (a) if no appeal has been preferred to the Court of Appeal against the relevant conviction, vest absolutely in the State with effect from the date on which the period prescribed for preferring an appeal against such conviction expires; | | |
| | (b) if an appeal has been preferred to the Court of Appeal against the relevant conviction, vest absolutely in the State with effect from the date on which such conviction is affirmed on appeal. | | |
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Sri Lanka Consolidated Acts