importation of any goods in contravention of this section but shall in each
case detain the goods being so exported or imported until he or she is
satisfied that the appropriate licence has been obtained or any condition of
such licence has been obtained or fulfilled, and any officer who fails to
comply with this subsection commits an offence and shall on conviction be
sentenced to imprisonment of not less than three years and not more than
fourteen years and shall in addition pay a fine of not more than five million
shillings and in default thereof shall be sentenced to a further term of
imprisonment of not more than two years.
(5) In subsection (4), “authorised officer” means a customs officer in
respect of matters of customs, a police officer, a trade development officer,
a chief appointed under the Local Governments Act or vigilante groups.
319. Smuggling.
(1) Any person who exports or imports any goods from or into
Uganda—
(a) in contravention of section 318;
(b) in such manner that the goods are—
(i) concealed in any way;
(ii) packed in any package, whether or not with other goods, in
a manner calculated to deceive any authorised officer;
(iii) contained in any package of which the entry or application
for carriage out of or within Uganda does not correspond
with such goods; or
(c) in any manner by which he or she evades the control of customs
over such exportation or importation,
commits the offence of smuggling and is liable on conviction to a term of
imprisonment of not less than three years and not more than fourteen years
and shall in addition pay a fine of not more than five million shillings and in
default thereof shall be sentenced to a further term of imprisonment of not
more than two years.
(2) Notwithstanding subsection (1), where in the course of
committing the offence of smuggling an offender is armed with, uses or
threatens to use a deadly weapon or causes death or grievous harm to any
person or authorised officer, the offender and any other person jointly
concerned in committing the offence of smuggling shall, on conviction by
the High Court, be sentenced to death.
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