Cap. 41 Art. 67Unlawful possession of spirits.

(1) Every person unlawfully possessing spirits shall be liable to a fine (multa) not exceeding two hundred and thirty-two euros and ninety-four cents (232.94) and to a further fine (multa) of twenty-three cents (0.23) for every litre or part of a litre of spirits so possessed, and such spirits may be seized and shall be liable to be forfeited.

(2) Every person possessing any quantity of spirits exceeding ten litres shall, for the purposes of this article, be deemed to be in unlawful possession thereof, unless -

(a) he is a distiller or retailer and such spirits have come legally into his possession as such; or

(b) he is in possession of a permit for the removal of such spirits, or having been legally authorized to remove such spirits, he is in possession of the same for the purpose of their removal; or

(c) such spirits have been legally sold, delivered or transferred to him under this or any other law, and, if such spirits have been obtained by him in separate packages from a retailer at separate times and not under a permit, he has obtained a receipt in writing for the purchase money paid for the same, showing the quantity of spirits for which and the time at which it was paid; or

(d) he is the holder of a special licence granted by the Comptroller to distil spirits in accordance with article 11 of this Ordinance.

(3) If any officer has reasonable cause to suspect that any spirits are in the unlawful possession of any person in any house, building or enclosed place whatsoever, such officer may, upon a warrant issued to him by the Comptroller or the Commissioner of Police, enter, if necessary by force, such house, building or enclosed place and search for, and seize any spirits unlawfully possessed therein and either detain the same or remove them to a place of safe custody, and may also arrest the person unlawfully in possession thereof.

(4) In any prosecution under this article, the proof that any of the exceptions contained in subarticle (2) applies in his case, shall lie on the defendant.

(b) knowingly buys or receives any wash, low wines, feints or spirits so removed from the premises of a distiller; or

(c) removes, throws away, or destroys any wash, low wines, feints or spirits in order to prevent or impede any search for or seizure of the same, shall be liable to a fine (multa) not exceeding two hundred and thirty-two euros and ninety-four cents (232.94).

(2) All such wash, low wines, feints, or spirits so removed, shall be liable to be forfeited.

(3) Any officer may arrest any person found committing an offence against this article.