23.
| (1) Where an article in respect of which an offence has been committed is seized under this Act by an Authorized Officer, such article may be destroyed or other- wise disposed of as the Authority may direct where the Authority is satisfied that there has been a contravention of any of the provisions of this Act or any of the regulations made thereunder and where the owner of such article or the person in possession of such article at the time of seizure consents in writing to the destruction of such article. |
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| (2) Where the owner or person in possession of such article does not consent in writing to the destruction of such article, the Authority-
| | (a) shall release such article if he is satisfied that the provisions of this Act or any regulation made there- under in respect of such article have not been contravened; or | | |
| | (b) shall, where he is satisfied that there has been a contravention of any of the provisions of this Act or regulations made thereunder, forthwith, with notice to such owner or person in possession of the article inform the Magistrate's Court having jurisdiction over the area in which the offence was committed of the seizure of the article in respect of which the offence was committed. | | |
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| (3) On information furnished to the court under sub- section (2) (b) such court shall-
| | (a) if, after, trial, it finds the owner or person in possession of the article guilty of contravening any of the provisions of this Act or regulations made thereunder, order that such article be forfeited to the Authority to be disposed of as the court may direct: Provided, however, that where the offender is not known or cannot be found such article shall be forfeited to the Authority without the institution of proceedings in respect of such contravention ; or | | |
| | (b) if, after trial, it finds the owner or person in possession of the article not guilty of contravening any of the provisions of this Act or regulations made thereunder, order that such article be released to such owner or person in possession. | | |
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Sri Lanka Consolidated Acts