Amendment status not verified — confirm the current text below against the official source.
(1) Where raw cashewnuts are seized under section 19, a report of such seizure shall, without unreasonable delay, be made to the Revenue Divisional Officer having jurisdiction over the area in which such raw cashewnuts are seized, and whether or not a prosecution is instituted for the contravention of this Act in respect of such raw cashewnuts, the Revenue Divisional Officer may, if he thinks 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 of 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 (c) any animal, vehicle, vessel or other conveyance used in carrying such raw cashewnuts: Provided that, in the case of any animal, vessel, vehicle or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vessel, vehicle or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not less than one-half of the value of such animal, vessel, vehicle or other conveyance as determined by the Revenue Divisional Officer. (2) Where the Revenue Divisional Officer, on receiving a report of seizure of any raw cashewnuts under sub-section (1), is of the opinion that the raw cashewnuts are subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may order the same to be sold to the agent or the sub-agent appointed for the area in which the raw cashewnuts were seized, [at the notified price] under sub-section (2) of section 5. (3) Where any raw cashewnuts are sold under sub-section (2), the sale proceeds thereof, after deduction of the expenses of such sale or other incidental expenses relating thereto, shall- (a) where no order of confiscation is ultimately passed by the Revenue Divisional Officer; or (b) where an order passed on appeal under sub-section (1) of section 22 so requires; or (c) where in a prosecution instituted for the contravention of this Act in respect of which an order of confiscation has been made under this section, the person concerned, is acquitted, be paid to the owner thereof or the person from whom they are seized. Substituted by Act 5 of 1988