(3) In subsection (2), “deadly weapon” includes any instrument made
or adapted for shooting, stabbing or cutting and any instrument which, when
used for offensive purposes, is likely to cause death.
(4) Where a court convicts a person for smuggling under this section,
the court shall, in addition to the penalty prescribed under that subsection,
order the goods found to have been smuggled to be forfeited to the
Government, as well as the vessel, vehicle or aircraft, if any, used in the
commission of the offence, where that vessel, vehicle or aircraft, belongs to
the offender or its owner was privy to the offence; but a bona fide creditor of
the accused person in respect of the goods or vessel, vehicle or aircraft
forfeited under this section may, upon proof to the Minister responsible for
finance of his or her interest in the goods, vessel, vehicle or aircraft be paid
such part of the proceeds as the Minister may deem fit.
(5) For the avoidance of doubt, the payment by the Minister
responsible for finance under subsection (4) shall be a good discharge of the
accused to his or her creditor to the extent only of the actual amount so paid
without prejudice to any further obligations outstanding.
320. Possession of goods suspected to have been smuggled.
Any person who is found in possession of property or goods reasonably
suspected to have been smuggled into Uganda or about to be smuggled from
Uganda in contravention of sections 318 and 319 commits an offence and is
liable to the same penalties as are prescribed in section 319.
321. Attempting to smuggle.
(1) Any person who transports any goods to a place within Uganda
in such manner, towards such direction and in such quantity as to appear to
be transporting such goods to a place outside Uganda in contravention of
section 318 shall be presumed to be attempting to smuggle.
(2) When a vessel, vehicle, aircraft or other means of conveying or
carrying transit goods in Uganda—
(a) diverts, without reasonable cause, from its normal route;
(b) off-loads the goods; or
(c) loads other goods which were not in transit,
the owner or the person in charge of such vessel, vehicle, aircraft or other
means of conveying shall be presumed to be attempting to smuggle.
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