50.
| (1) Where after, due inquiry by an authorized officer, such officer is satisfied that any article seized was used for the commission or in connection with the commission of an offence under this Act, such article shall stand forfeited to the State. |
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| (2) Any person aggrieved by the seizure and forfeiture to the State of any article by any authorized officer under subsection (1), may within sixty days after the date of such forfeiture make an application in writing against such seizure and forfeiture to any District Court within the local limits of whose jurisdiction such seizure and forfeiture was effected. |
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| (3) An application to the District Court under subsection (2) shall be in writing and in the form of a plaint in a civil suit. In the application such person shall be described as the plaintiff and the authorized officer as the defendant. The application shall contain
| | (a) the name of the District Court and the date of making of the application to the court; | | |
| | (b) the name and address of the authorized officer; | | |
| | (c) a plain and concise statement of the matter which has to be determined by the court, namely, that the seizure and forfeiture of the article, which is the subject matter of the application was unlawful and that the court shall determine
| | | (i) that such seizure and forfeiture was unlawful; and |
| (ii) that such article shall be forthwith returned to the plaintiff. |
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| (4) In any proceeding in any District Court on any application made to it in respect of the seizure and forfeiture of any article the burden of proving that such seizure and forfeiture under that subsection was unlawful, shall lie on the plaintiff |
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| (5) When an article is forfeited to the State under sub section (1) and
| | (a) no application against the seizure of such article by any authorized officer under subsection (1) is made to any District Court under subsection (2) within the period specified in that subsection ; or | | |
| | (b) any application made under that subsection is dismissed by the District Court, and no appeal against such dismissal is preferred within the time allowed therefor; | | |
| | (c) any appeal preferred against the dismissal of an application made under that subsection is itself dismissed, | | |
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| (6) For the purposes of this section and section 49 "an article" means
| | (a) any gem or jewellery; | | |
| | | (c) anything used or capable of being used in carrying on the gem industry and the jewellery industry. | | |
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Sri Lanka Consolidated Acts