7Seizure, detention and search of ships
(1) Where a ship is liable to forfeiture under this Act,--
(a) any Presidency Magistrate or Magistrate of the first class, or
(a) any commissioned officer on full pay in the 1[Armed Forces of the Union], 2*** or
(b) any officer of customs or police officer not below such rank3 as may be designated in this behalf by the Central Government,
may seize such ship and detain it, and, if the ship is found at sea within the territorial waters of the States, may bring it to any convenient port in the States.
(2) Any officer taking any action under sub-section (1) shall forthwith report the same through his official superiors to the 4[Central Government].
(3) The 4[Central Government] shall, within thirty days of the seizure, either cause the ship to be released or make or cause to be made, in the manner hereinafter provided, an application for the forfeiture thereof, and may make such orders for the temporary disposal of the ship as it thinks suitable.
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1. Subs. by the A.O. 1950, for "military, naval or air service of His Majesty".
2. The words "or any Gazetted Officer of the Royal Indian Marine Service" rep. by the A.O. 1937.
3. See Gazette of India, 1924. Pt. I, p. 188.
4. Subs. by the A.O. 1937, for "L.G.".
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Restriction on building or equipping vessels of war
- 4 Licences
- 5 Offences
- 6 Liability
- 7 Seizure, detention and search of ships
- 8 Procedure in forfeiture of ships
- 9 Disposal of forfeit
- 10 Special proof of relevant facts
- 11 Penalties for proceeding to sea after seizure
- 12 Power to enter dock-yards, etc
- 13 Courts by which and conditions subject to which offences may be tried
- 14 Indemnity