(b) unable to prevent its use for the purpose of or in connection with the commission of the offence; the court shall not make such order in respect thereof. (2) Subsections (3) to (6) of section 62 of the Criminal Procedure and Evidence Act [ Chapter 9:07] shall apply, mutatis mutandis, where an order is made in terms of subsection (1). (3) Where a police officer or an immigration officer believes on reasonable grounds that any vehicle, aircraft or boat which is liable to forfeiture in terms of subsection (1) is likely to be removed from Zimbabwe unless it is detained or security therefor is given, he may, subject to subsection (4), seize and detain any such vehicle, aircraft or boat so that it may be submitted to the jurisdiction of the court to be dealt with in accordance with subsection (1). (4) Subject to subsection (5) and to such other conditions as he may fix, the Minister may permit the owner or other person entitled to the lawful possession of a vehicle, aircraft or boat detained in terms of subsection (1), with or without sureties, to enter into a bond for the release of the vehicle, aircraft or boat in an amount approved by the Minister and may require such person to deposit such sum as he may fix to satisfy any judgment which may be given on the bond. (5) The conditions of a bond entered into in terms of subsection (4) shall specify that the person referred to in that subsection shall submit the vehicle, aircraft or boat to the jurisdiction of the court when so required by the Minister and the bond may contain such other conditions as the Minister thinks fit to imp ose in the circumstances. (6) Upon breach of any condition of a bond entered into in terms of subsection (4), any magistrates court may, on the application of the Minister, give judgment against the person referred to in that subsection or his sureties in accordance with the bond. PART VIII GENERAL 38 Persons in transit through Zimbabwe When any person— (a) has been removed from any country other than Zimbabwe under a warrant or order issued or made in such other country on the ground of his being an alien or of his having been found guilty of an offence in such country; and (b) in the course of such removal enters and passes through Zimbabwe in custody; he shall, on such entry into Zimbabwe and throughout the period of his passage through Zimbabwe in cus tody, be deemed to be, by reason of such warrant or order, in lawful custody and, if he escapes, he may be apprehended without warrant by any police officer or immigration officer and returned forthwith to the custody from which he escaped. 38A Liability of air carriers where passengers fail to produce valid documents (1) In this section— “air carrier” means a person who operates an air service to or from Zimbabwe in accordance with a permit issued in terms of the Air Services Act [Chapter 13:01]; “travel document”, in relation to a person who requires a visa to enter Zimbabwe, includes such a visa. (2) Where a person enters Zimbabwe on board an aircraft operated by an air ca rrier and, on being required to do so, fails to produce to an immigration officer a valid travel document which he is required to possess in terms of section thirteen, the air carrier shall be liable, in respect of that person, to pay the Minister on demand— (a) such sum as may be prescribed with the approval of the Minister responsible for finance and the Minister responsible for the administration of the Air Services Act [Chapter 13:01]; and (b) any costs reasonably incurred in the detention of that person in terms of section nine. (3) If an air carrier proves, to the satisfaction of the Minister, that a person produced a valid travel document to an employee of the air carrier immediately before embarking on the flight to Zimbabwe, the air carrier shall not incur liability under subsection (2) in respect of that person. (4) The Minister may recover any amount payable under subsection (2) by proceedings in a court of competent jurisdiction. (5) Any amount paid or recovered under this section shall be paid into the Consolidated Revenue Fund. (6) For the purposes of this section, a travel document shall be regarded as valid unless its invalidity or falsity is reasonably apparent. [Section inserted by s. 9 of Act 8/2000.] 39 Indemnity No liability shall attach to any immigration officer in respect of any loss or damage suffered by any person as a result of the exercise or purported exercise of any power conferred or imposed upon the immigration officer by or in terms of this Act if such immigration officer acts in good faith and without culpable ignorance or negligence.