Section 8: Seizure and disposal

8. Seizure and disposal.—(1) If any Fishery Officer has reason to believe that any fish has been caught or taken in contravention of any provision of this Act or the rules, or that any fishing craft and fishing gear has been used for such fishing, he may arrest without warrant the owner or the person in charge of the vessel and seize such fish. (2) Every officer making an arrest under sub­section (1) shall, without unnecessary delay, take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer in charge of the nearest police­station; and thereupon the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) applicable in respect of a person who, having been arrested without warrant, has been taken or sent before a Magistrate or an officer in charge of a police­station shall apply to him. (3) Any fish seized under sub­section (1) shall be disposed of in accordance with the decision of the court before which the owner or person in charge of the fishing craft is prosecuted under sub­ section (2): Provided that, if the fish seized is such as is likely to perish unless preserved or processed without delay, it may be sold or otherwise disposed of and, if it is sold, its value shall be treated as seized property for the purpose of this sub­section. 1Added by the Exclusive Fishery Zone (Regulation of Fishing) (Amdt.) Ordinance, 1983 (29 of 1983),s.3.

Effective date: 1975-01-01

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