Amendment status not verified — confirm the current text below against the official source.
G~Dnjiscation of raw taJhewnuts.-(1) Wh~re raw cashewnuts arc seized under section 19, a report of such se17.ure sha11, without un' ca~onabJc delay, be tnade t•J the Revenue D1visional Officer ha.ving jurisdtctio'l over the area in whi(·h such raw cashewnuts are seiztd, and, whether or not a prosecution is instituted for the contravent1on of this Act in r~spect of such raw cashew .. nutst the Revenue DIVJsioual Officer rr ay, tf he thtnks it expedient so to do, direct the raw cashewnuts so seized to be produced for inspection before him, and if he is satisfied that there has been a contravention oi this Act, may order confiscation of- (a) the raw cashewnuts so seized ; (b) any package, covering or receptacle in which such raw cashewnuts are found; and (cJ any animal, vehicle, vessel or other conveyance used in carryin~ such raw cashewnuts : I Provided that, in the case of any animal, vcssc], vehicle or other convey· ance used for the carriage of goods or passcngets for htre, the owner of such animal, ves!cl, vehicle or other c JDve;ance shall be given an option to pay, in lieu of its confis .. ation, a fine not less than one-half of the value ot such animal, vessel, vehicle or other conveyance as determin~d by the Revenue Divisional Officer. (2) Wltcre the Revenue Divi~ional Officer, on receiving a rrport of seizure of any fd.W cashewnuts under subsectoin ( 1), is of the opinion that the raw cn,hewnuts are subject to spee,dy and natural decay or it is other- wise expedient in the public 1nterest so to do, he may order the same to be 0 0 91 Auld to the agent or the sub-agent appointed for the area in which the r ''V casltewnuts were seized, at the h1ghcst price notified under subsection (2) or section 5. {3) Whc1 c any r~w casl1ewnuts are sold under subsection (~), tlu: sale proceeds thct cof, after deduction of th(: cxpensf~S of such sale or othc1· incidental expenses relating thereto, shall- (a) where no order of confiscation 1s ultimately pass{·d by t hn Revenue Divisional Officer; or (b) \Vhe1 c nn order passed on appeal undrt' sub 1ection ( 1) of section 22 so rcqu1res; or (c) where in a prosecut1on instituted for the contravention ofthi!l Act in respect of which an order of conn ~cation has he en mac to under this section, the per~on concerned, is acquitted, . he paid to the owner thereof or the perc;on from whom they arc seized. ;ll . ]fsue of show-cause notzce before confiscation. - ( J) No order confi~catin~~ any raw cashe\\nuts, package, coverjng, receptdcJc, anin1a1, vcc;scl, vchrelu or other couvcyancc shall be cnade under sc<:tion 20 unless the O\\'ncr of such r,\\V Cishcwnuts, package, co-.,cri· g, rcccpt .. lclc, ani rna], vrs~c], "ehicle ot . oth~r conveyance or the person fron1 whom the sanu: i~ sci7ed- (a) is given a notice in \Vnt\ng informing hint of the grounds ou which it is ptoposed to contiscate thf· rav/ eashcwnuts, packagr. LOVeltng, receptacle, anirnaJ, vessel, vch1cle or other convc}ance; (L) is given an opportunity of making a rr·pt·escnta.tion 1.1 \vriti11g Within such 1 easonable t imc as Jnay be specified in 1 he notice against the grounds of confiscation; and (c) 1s gtvcn a reasonable opportunity of bcin~{ hc,lrd in the n1attcr. (2) \t\'1thout prejudice to the provisions of suhsr·ction ( 1 ), no order confiscating any anunal, vessel, vehtclc or other convcy,l.nce shall be tnadc~ under section 20, if the 0'1\ncr of the animal, ve~scJ, Vc'hiclc or o1hcr convc· ynucc proves to the satisfaction of the Rcvcnur DivJ~lona) Officct that 1t \Ya~ u&~d ht carry1ng the 1 aw cashe\-vnuts without the knowlcdg~ or counivanc1: nf the ownct lumsclf, his agent, If any, and the pt!J son tn chargt: of tho nuimal, vessel, vehicle or other con~eyancc aHd tbd t ec1.ch of them had taken all tea~onable and necessary precautions against such use (3) No order confiscating any raw Cd<ihcwnutR, package, covering, receptacle, an.imal, vessel, vehicle or other conveyance shall be Jnvalitl lllc•·cly hy reason of any defect or it regularity in the notice given under clause (a) of subsection ( 1), if, 1n gtving ~uch notice, the provisiOHi ot that clause have been substantially compltcd with.