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As enacted
Contents

Part VII · General

62. General forfeiture

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where in a conviction for an offence under subsection (4) of section 61 it is proved that the non-conformity with the standards and specifications has rendered the goods or consignment of goods unfit for any use or for consumption, then —

(a)

if no appeal has been preferred to the High Court of the relevant Province established by Article 154P of the Constitution, against the relevant conviction within the time allowed therefor ; or

(b)

if an appeal has been preferred to the High Court of the relevant Province established by Article 154P of the Constitution, against the relevant conviction, and the conviction is affirmed, the court shall order that such goods or consignment of goods be forfeited to the State to be destroyed in such manner as the court may direct.

(2)

Where in an action for an offence referred to in subsection (1), the accused is acquitted for the reason that it was not proved to the satisfaction of the court that the non-conformity with the standards and specifications has rendered the goods or consignment of goods unfit for any use or consumption, then —

(a)

if no appeal has been preferred to the High Court of the relevant Province established by Article 154P of the Constitution, against the relevant acquittal within the time allowed therefor ; or

(b)

if an appeal has been preferred to the High Court of the relevant Province established by Article 154P of the Constitution, against the relevant acquittal and the acquittal is affirmed by the Court of

Appeal, the court shall order the release of goods or consignment of goods seized.