Defence Forces (Temporary Provisions) Act, 1923
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Penalty on purchasing from soldiers regimental necessaries, equipment, stores, etc., and for unlawful possession of military certificates, etc. |
192.—(1) Every person who— | |
(a) Buys, exchanges, takes in pawn, detains or receives from any person, on any pretence whatsoever; or, | ||
(b) Solicits or entices any person to sell, exchange, pawn, or give away; or | ||
(c) Assists or acts for any person in selling, exchanging, pawning, or making away with, | ||
any of the property following, namely, any arms, ammunition, equipments, instruments, regimental necessaries, or clothing issued for the use of officers or soldiers, or any military decorations of an officer or soldier, or any furniture, bedding, blankets, sheets, utensils, and stores in regimental charge, or any provisions or forage issued for the use of an officer or soldier, or his horse, or any horse employed in the service, shall, unless he proves either that he acted in ignorance of the same being such property as aforesaid, or that the same was sold by order or with the consent of the Minister or some competent military authority, or that the same was the personal property of an officer who had retired or ceased to be an officer, or a soldier who had been discharged, or of the legal personal representatives of an officer or soldier who had died, be liable, on summary conviction, to a fine not exceeding twenty pounds, together with treble the value of any property of which such offender has become possessed by means of his offence, or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both such fine and imprisonment. | ||
(2) Where any such property as is above in this Section mentioned is found in the possession or keeping of any person, such person may be taken or summoned before a Court of Summary Jurisdiction, and if such Court have reasonable ground to believe that the property so found was stolen, or was bought, exchanged, taken in pawn, obtained or received in contravention of this Section, then if such person does not satisfy the Court that he came by the property so found lawfully and without any contravention of this Act, he shall be liable on summary conviction to the same penalties as are prescribed in the case of a contravention of the last preceding sub-section. | ||
(3) A person charged with an offence against this Section, and the wife or husband of such person may, if he or she think fit, be sworn and examined as an ordinary witness in the case. | ||
(4) A person found committing an offence against this Section may be apprehended without warrant, and taken, together with the property which is the subject of the offence, before a Court of Summary Jurisdiction; and any person to whom any such property asabove mentioned is offered to be sold, pawned, or delivered, who has reasonable cause to suppose that the same is offered in contravention of this Section, may, and if he has the power shall, apprehend the person offering such property and bring him before a Court of Summary Jurisdiction | ||
(5) A Court of Summary Jurisdiction, if satisfied on oath that there is reasonable cause to suspect that any person has in his possession or on his premises, any property on or with respect to which any offence in this Section mentioned has been committed, may grant a warrant to search for such property, as in the case of stolen goods; and any property found on such search shall be seized by the officer charged with the execution of such warrant, who shall bring the person in whose possession the same is found before some Court of Summary Jurisdiction, to be dealt with according to law. | ||
(6) For the purpose of this Section, property shall be deemed to be in the possession or keeping of a person if he knowingly has it in the actual possession or keeping of any other person or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the same is so had for his own use or benefit or for the use or benefit of another. | ||
(7) Articles which are public stores within the meaning of the Public Stores Act, 1875 , and are not included in the foregoing description, shall not be deemed to be stores issued as regimental necessaries or otherwise within the meaning of Section thirteen of that Act. | ||
(8) Every person who— | ||
(a) Receives, detains or has in his possession any identity certificate, life certificate or other certificate, or official document evidencing or issued in connection with the right of any person to a military pension pay or reserve pay, or to any bounty, allowance, gratuity, relief, benefit or advantage, granted in connection with military service, as a pledge or security for a debt, or with a view to obtaining payment from the person entitled thereto of a debt due either to himself or to any other person; or | ||
(b) Without lawful authority or excuse (the proof whereof shall lie on the accused) has in his possession any such certificate or document, or any certificate of discharge or any other official document issued in connection with the mobilisation or demobilisation of any of the Forces or any member thereof; | ||
shall be liable on summary conviction to the like penalty as for an offence under sub-section (1) of this Section, and any such certificate or other document shall be deemed to be property within the meaning of this Section. |