officer; whichever is the earlier. 22 Evidence (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. (2) In any prosecution for an offence under this Act, evidence that any imported goods were shipped at any port of call shall be prima facie evidence that those goods were assembled, manufactured, produced or mixed, as the case may be, in the country within which that port is situated. (3) Where, in any prosecution for an offence under 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. 23 General offence and penalty Any person who contravenes any provision of this Act with which it is his duty to comply shall be guilty of an offence and, if no other penalty is provided therefor, shall be liable to a fine not exceeding level eight to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. [amended by Act 22 of 2001, with effect from the 10th September, 2002.] 24 Forfeiture of goods (1) On conviction of any person under this Act, the court may, in addition to any sentence passed, declare any goods in respect or by means of which the offence was committed to be forfeited to the State, unless the owner of the goods or any person acting on his behalf or other person interested in the goods shows cause to the contrary. (2) After any goods in respect of or by means of which it is suspected that an offence under this Act has been committed are seized by a police officer and no prosecution is instituted following that seizure— (a) the magistrate shall, on application by a police officer, cause a notice to be published in the Gazette and in a newspaper circulating in the area stating that, unless cause is shown to the contrary at the time and place specified in the notice, such goods shall be declared forfeited; and (b) at the time and place referred to in paragraph (a) the magistrate may, unless the owner of the goods or any person acting on his behalf or other person interested in the goods shows cause to the contrary, declare such goods to be forfeited to the State. Go To Top Page NEXT CHAPTER