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Provisions in aid of detection and conviction of persons illegally exporting goods.
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4.—(1) Whenever an officer of Customs and Excise reasonably suspects that any goods are intended to be exported in contravention of any enactment or statutory instrument, he may request any person, in whose possession or control or on or in whose land or premises or in the immediate vicinity of whose land or premises the goods are found, to give to him all information, relevant to all or any of the following subjects of inquiry, which is in the possession or knowledge of such person, and to produce to him all documents, relevant to any such subject of inquiry, which are in the possession or custody of such person, that is to say:—
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(a) the name and address of the owner of the goods,
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(b) the purpose for which the goods are at the place where they are found,
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(c) the intended disposition of the goods,
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(d) whether the goods are intended to be exported,
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(e) if the goods are intended to be exported, whether a licence or other authorisation to export the goods has been obtained or, if not obtained, has been applied for.
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(2) When an officer of Customs and Excise, in exercise of the powers conferred on him by subsection (1) of this section, requests any person, in whose possession or control or on or in whose land or premises or in the immediate vicinity of whose land or premises any goods (being goods which he reasonably suspects are intended to be exported in contravention of any enactment or statutory instrument) are found, to give him any such information as is mentioned in the said subsection or to produce any such document as is mentioned in the said subsection, the following provisions shall have effect—
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(a) that person shall forthwith to the best of his knowledge or ability so give such information or produce such document (as the case may be),
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(b) if that person fails or refuses so to do or gives any information which is false or misleading, then—
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(i) he shall be guilty of an offence under this section and shall be liable on conviction to a customs penalty of fifty pounds and may either be detained or proceeded against by summons,
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(ii) if—
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(I) proceedings are instituted against him for exporting the goods in contravention of the said enactment or statutory instrument, and
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(II) it is proved that the goods have been removed (otherwise than by or under the authority of an officer of Customs and Excise) from the place at which they were found, such failure or refusal or such giving of information which is false or misleading (whether he has or has not been prosecuted therefor) shall in the said proceedings be evidence, until the contrary is proved, that he exported the goods in contravention of the said enactment or statutory instrument.
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