20. (1) Any invoice or other document submitted or used by an importer or any other person in connection with the importation of goods in respect of which a prosecution is brought under this Act may be produced as evidence in any criminal proceedings without calling the person who prepared or signed it. LAWS OF MALAWI Merchandise marks 21. 22. 23. 24. Evidence. Cap. 49:04 (2) In any prosecution for an offence under the provisions of this Act, evidence that any imported goods were shipped at any port of call shall be prima facie evidence that those goods were made or produced in the country within which that port is situated. (3) Where, in any prosecution for a contravention of this Act, the consent of the proprietor of a trade mark is a relevant issue, the onus of proving the consent of such proprietor shall lie on the accused. No person shall within Malawi procure, counsel, aid, bet or be accessory to the commission outside Malawi of any act which, if committed in Malawi, would be an offence under this Act. No prosecution for any offence this Act shall be commenced after the expiration of a period of three years reckoned from the date on which the offence was alleged to have been committed or one year next after the first discovery thereof by an inspector, police officer, or customs officer, whichever expiration first happens. Subject to this Act, any person who contravenes or fails to comply with any provision of this Act shall be liable:(a) on first conviction, to a fine of £100 and to imprisonment for one year; (b) on the second or any subsequent conviction, to a fine of £200 and to imprisonment for two years. (1) Upon conviction of an offender under this Act, the judge or magistrate presiding at the trial, in addition to passing sentence, declare any goods in respect or by means of which the offence was committed to be forfeited, unless the owner of the goods or any person acting o his behalf other persons interested in the goods shows cause to the contrary. (2) If any goods in respect or by means of which it is suspected that an offence under this Act has been committed are seized by a police officer under any law and taken before a magistrate, and, if no prosecution is instituted following that seizure, the magistrate shall, on application by a police officer, cause a notice to be published in the Gazette and in a newspaper circulating in his District stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods shall be declared forfeited. (3) At such time and place, the magistrate may unless the owner of the goods or any person acting o his behalf or other person interested in Aiding and abetting offences. Limitation o prosecution. Offences a penalties. Forfeiture. f nd