[Rev. 2012] Penal Code CAP. 63 shall be convicted of an offence under this section in respect of the copies so delivered by him as aforesaid. [Act No. 54 of 1960, s. 11, Act No. 21 of 1966, First Sch.] (2) Where in any prosecution under this section it is proved that a person printed, made, imported, published, sold, supplied, offered for sale or supply, distributed, reproduced or had in his possession or under his control a prohibited publication, it shall be presumed that he knew the nature and contents of the publication, unless and until he proves to the satisfaction of the court— (a) that he was not aware of the nature or contents of the publication in respect of which he is charged; and (b) that he printed, made, imported, published, sold, supplied, offered for sale or supply, distributed, reproduced or had in his possession or under his control the publication in such circumstances that at no time did he have reasonable cause to suspect that it was a prohibited publication. 54. Seizure and disposal of prohibited publications (1) Any police officer or administrative officer may seize and detain any prohibited publication which he finds in circumstances which raise a reasonable presumption that an offence under this Act has been, is being or is intended to be committed in relation thereto, or which he finds abandoned or without an apparent owner or possessor or in the possession or custody of any unauthorized person. (2) (a) Any— (i) officer of the Kenya Posts and Telecommunications Corporation authorized in that behalf, whether personally or by reference to a class to which such officer belongs, by the managing director; (ii) officer of the Customs and Excise Department authorized in that behalf, whether personally or by reference to a class to which such officer belongs, by the Commissioner of Customs and Excise; (iii) police officer not below the rank of Assistant Inspector; and (iv) any other officer authorized in that behalf, whether personally or by reference to a class to which the officer belongs, by the Minister, may detain, open and examine any article or package which he suspects to contain any prohibited publication, and during the examination may detain any person importing, distributing or posting the article or package or in whose possession the article or package is found. (b) If any prohibited publication is found in any such article or package as aforesaid, the whole article or package may be impounded and retained by the officer, and the person importing, distributing or posting it or in whose possession it was found may be arrested by the officer and delivered to and detained in police custody to be dealt with according to law. P6-34 [Issue 1]