Goods irregularly dealt with liable to forfeiture.
87. (1) Any goods imported, exported, manufactured, warehoused, removed or otherwise
dealt with contrary to this Act or in respect of which any offence under this Act has been
committed (including the containers of any such goods) or any plant used contrary to this Act
in the manufacture of any goods shall be liable to forfeiture wheresoever and in the possession of whomsoever found:
Provided that forfeiture shall not affect liability to any other penalty or punishment under
this Act or any other law, or entitle any person to a refund of any duty or charge paid in respect of such goods.
(2) Any vehicle used in the removal or carriage of any goods liable to forfeiture under
this Act shall be likewise liable to forfeiture unless it is shown that such vehicle was used
without the consent or knowledge of the owner of such vehicle or other person lawfully in
possession or charge thereof.
(3) Any vehicle in which goods liable to forfeiture under this Act are used as fuel or in
any other manner shall likewise be liable to forfeiture unless it is shown that such goods were
so used without the consent or knowledge of the owner of such vehicle or other person lawfully in possession or charge thereof.
Seizure.
88. (1) (a) An officer, magistrate or member of the police force may detain any vehicle,
plant, material or goods at any place for the purpose of establishing whether that vehicle,
plant, material or goods are liable to forfeiture under this Act.
(b)
Such vehicle, plant, material or goods may be so detained where they are
found or shall be removed to and stored at a place of security determined by such officer,
magistrate or member of the police force, at the cost, risk and expense of the owner, importer, exporter, manufacturer or the person in whose possession or on whose premises they are
found, as the case may be.
If such vehicle, plant, material or goods are liable to forfeiture under this Act
(c)
the Commissioner may in his discretion seize the vehicle, plant, material or goods.
(d)
The Commissioner may in his discretion seize any other vehicle, plant, material or goods liable to forfeiture under this Act. (Amended A.5/1991.)
(2) (a) (i)If any goods liable to forfeiture under this Act cannot readily be found, the
Commissioner may, notwithstanding anything to the contrary in this Act, demand from any
person who imported, exported, manufactured, warehoused, removed or otherwise dealt with
such goods contrary to the provisions of this Act or committed any offence under this Act
rendering such goods liable to forfeiture, payment of an amount equal to the value for duty
purposes or the export value of such goods plus any unpaid duty thereon, as the case may
be.