(2) Any person having in his possession any controlled article the possession whereof has, in consequence of the cancellation or expiry or suspension of a licence or by any reason whatsoever, ceased to be lawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police station or with such other officer as may be prescribed by rules made by the Governor in this behalf.
Controlled article to be deposited in certain cue*.
(2) When any controlled article has been deposited under subsection (1), the Governor may authorise the disposal of the same by sale or otherwise and the proceeds thereof shall be refunded to the owner of the said article, provided that nothing in this sub-section shall be deemed to authorise the disposal of anything the forfeiture of which has been ordered under section 12 or section 24.
20. Any licence granted under this Regulation may be modified, altered; varied, cancelled or suspended by the authority by whom the same was granted or by any authority to which he may be subordinate, if such authority deems it necessary so to do for the security of the .public peace or for public safety.
Cancellation and suspension of licence.
21. Whoever—
(a) (i) acquires, has in his possession or under his control or carries, or
(ii) manufactures, sells, transfers, converts or repairs, or (Hi) exposes or offers for sale or transfer, or has in his possession for sale or transfer, any controlled article in contravention of section 14; or
(b) brings into, or takes out of, Nagaland by land or air any controlled article in contravention of section 15; or
(c) transports over Nagaland or any part thereof any controlled article in contravention of section 16; or
(d) is found carrying or conveying any controlled article, whether covered by any licence or not, in such manner or under Penalties.
IO2 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II such circumstances as to afford just grounds of suspicion that the same is being carried or "conveyed by him with intent to use it, or that the same may be used, for any unlawful purpose; or
(e) fails to deposit any controlled article, as required by sub-section (1) of section 19; or
(f) intentionally makes any false entry in a record or account which by a rule made under clause (d) of sub-section (2) of section 41, he is required to maintain; or
(g) intentionally fails to exhibit anything which, by a rule made under clause (d) or clause (e) of sub-section (2) of section 41, he is required to exhibit,— shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
Penalty for breach of licence.
22. Whoever contravenes any condition of a licence granted under this Regulation for which no punishment is provided elsewhere under this Regulation shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
23. Whoever—Penalty for knowingly purchasing controlled articles from unlicensed person*.
(a) knowingly purchases any controlled article from any person not licensed under this Regulation to sell the same; or
(b) delivers any controlled article into the possession of any person without previously ascertaining that such person is legally authorised to possess the same, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Power to confiscate.
24. When any person is convicted under this Regulation of any offence in respect of any controlled article, it shall be in the discretion of the convicting court or magistrate further to direct that the article and any vehicle, or other means of conveyance and any box, receptacle or thing containing, or used to conceal, the article shall be confiscated.
Search and seizure by BHgi»ti»tt.
25. (I) Whenever any magistrate has reason to believe—
(a) that any person residing within the local limits of his jurisdiction has in his possession any controlled article for any unlawful purpose, or Sac. 1) THE GAZETTE OF INDIA EXTRAORDINARY i«J
(b) that such person cannot be left in the possession of any such controlled article without danger to the public peace or safety.
the magistrate, after having recorded the reasons for his belief, may cause a search to be made of the house or premises occupied by such person or in which such magistrate has reason to believe that such controlled article is to be found, and may have such article, if any, seized and detain the same in safe custody for such period as he thinks necessary, although that person may be entitled by virtue of this Regulation or any other law for the time being in force to have the same in possession.
(2) Every search under this section shall be conducted by, or in the presence of, a magistrate or some officer specially empowered in this behalf by name or by virtue of his office by the Governor.
26. Where any controlled article in respect of which any offence under this Regulation has been or is being committed, is found in any premises, vehicle or other place in the joint occupation or under the joint control of several persons, each of such persons in respect of whom there is reason to believe that he was aware of the existence of the controlled article in the premises, vehicle or other place shall, unless the contrary is proved, be liable for that offence in the same manner as if the offence has been or is being committed by him alone.
Criminal responsibility of persons inoccupation of premisei in certain cases.