As enacted

Contents

National Medicines Regulatory Authority Act 2015 · As enacted · Part IV · General

126. Procedure in respect of articles and vehicles seized

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

(1)

Upon the receipt of any information under section 125 (9) where the Authority is satisfied that there has not been a contravention of any of the provisions of this

Act or any of the regulations made thereunder-

(a)

the Authority shall direct the Authorized Officer to release such article and vehicle;

(b)

where the owner of such article or the person in possession of such article at the time of seizure-

(i)

consents in writing for the destruction of such article, the Authority shall direct destruction or disposal of such article and release of the vehicle;

(ii)

does not consent in writing to the destruction of such article, the Authority shall direct the

Authorized Officer, with notice to such person in possession of the article and the owner of such vehicle, to make a complaint to the

Magistrate’s court having jurisdiction over the area in which the offence was committed of the seizures of the article or the vehicle in respect of which the offence was committed.

(2)

On complaint being made to the court under subsection (1) (b), such court shall, after trial, if found the owner or person in possession of the article-

(a)

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)

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 thereof.

Read on from s 127

Part V