|CHAPTER 1 - CUSTOMS AND EXCISE (1ST BOOKLET) CODE | HOME|
|212. Reasonable grounds a defence in any action against officer.|
|Protection of witnesses.||Power of officer to prosecute.|
|Reasonable grounds a defence in any action against officer.||212. (1) Where any proceedings, whether by way of prosecution or otherwise, are taken under this Act, and -
(a) the proceedings result in a determination in favour of a person prosecuted, or in favour of an owner claiming anything which has been seized; and
(b) the proceedings arise out of an act done, whether by way of seizure or otherwise by an officer in the execution or intended execution of his duty under this Act; and
(c) the court before which the proceedings are determined finds that there were reasonable grounds for the act,
then the court shall, on request made by or on behalf of the officer, so certify on the record; and a certified copy of that finding shall, on the request of the officer, be delivered to him and shall be receivable in evidence in any proceedings in proof of that finding.
(2) No officer shall be liable to any action or other proceedings on account of an act in respect of which a court has, under subsection (1), found that there were reasonable grounds for the act.
(3) Where proceedings are brought against an officer on account of an act done, whether by way of seizure or otherwise in the execution or intended execution of his duty under this Act and judgment is given against the officer, then, notwithstanding that in proceedings referred to in subsection (1), a court has not found that there were reasonable grounds for the act, if the court before which the proceedings are heard is satisfied that there were reasonable grounds for the act, the plaintiff shall be entitled to recover anything seized, or the value thereof, but shall not otherwise be entitled to damages and no costs shall be awarded to either party.