Act of Parliament · As enacted · 3 parts
Conventions against Illict Traffic in Nacotic Drugs and Psychotropic Substances Act 2008
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 2Offences
( l) Any person who, whether in or outside Sri Lanka, and whether he is a citizen of Sri Lanka or not, intentionally-
. produces, manufactures, extracts, prepares, offers, offers for sale, distributes, sells, delivers, acts as broker for the supply of, dispatches, dispatches in transit, transports, imports or exports or traffics any narcotic drugs or psychotropic substances;
.
.
cultiv§tes opium poppy, coca bush or the cannabis plant, for the purposes of the production of any narcotic drug;
possesses or purchases any narcotic drug or psychotropic substance, for any of the purposes described in paragraph {a);
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Drugs a11d Psychotropic Substa11ces
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procures, manufactures, stores, transports, sells, delivers or distributes l!_ny equipment, material or any substance; set out in Tabfc I or Table II of the.
First Schedule to this Act, knowing· that it is to be used in, or for, the unlawful cultivation, production or manufacture of, any narcotic drug or psychotropic substance;
organizes, arranges or finances any of the act.s
.described in paragraphs (a), (b), (c), or (d);
(/) acquires, possesses or uses any property, knowing at the time of such acquisition, possession or use;
that such property was derived from an act described in paragraphs (a), (b), (c) (d) or (e) or from an act of participation in any such act;
possesses any equipment or material or any substance, set out in Table I or Table II of.the First
Schedule to this Act. knowing that it is being or is to be used in, or for, the unlawful cultivation, production or manufacture of .any narcotic drug or psychotropic substance;
publicly incites or induces other persons by any me.ans, to commit any of the offences described in this section, or to use narcotic drugs or psychotropic substances, unlawfully;
converts or transfers any property, knowing that such property is derived from any act or acts described in paragraphs (a), (b), (c), (d) or (e), of this section, or from an act of participation in any such act, for the purpose of concealing or disguising the Illicit origin of the property, or. assisting any person who is involved in the commission of any such act or acts to evade the legal consequences of such acts;
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Conventions Agai11si Illicit Traffic in Narcotic
Drugs and Psychotropic Substances
Act, No. I of 2008
. (jJ conceals or disguises the true nature, source, location, disposition, movement, rights with respect to, or ownership of,,any property knowing that such property is derived from the commission of any act described in paragraphs (a), (b), (c), (d)
or (e) of this section, or from an act of participation in any such act, shall be guilty of an offence under this Act and shall on conviction after trial on indictment before the High Court, be punished with imprisonment for a term not less than ten years and not exceeding fifteen years:
Provided that, the acts referred to in paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) shall have been committed in
Sri Lanka:
Provided further, that the above provisions shall not be applicable to offences ·to which Part Ill of the Third
Schedule to the Poisons, Opium and Dangerous Drugs
Ordinance (Chapter 218) applies.
Any person who-
attempts to commit; or
abets the commission of; or
conspires with any other person to commit, any such offence as is referred to in subsection (I) shall be guilty of an offence under this Act and shall on conviction after trial on indictment by the High Court, be liable to, the same p¤nishment as he would have been liable· to. had he committed the offence, which he is convicted of having attempted to commit," or having abetted the commission of, or having conspired with any other person to commit.
In this section "abet" has the same meaning as in sections 100 and 101 of the Penal Code and "conspires" has the same meaning as in section l l3A of the Penal Code.
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Drugs a11d Psychotropic S11bstances
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In imposing punishment on any person convicted of an offence under this section, the CoW1 sh11ll have regard to the following:-
· the involvement in the commission of the offence, of an organized criminal group to which the offender belongs;
the involvement of the offender in any other internation;d organized ciminal activities;
the involvement of the offender in othr illegal activities facilitated by the commission of the offence;
the use of violence or arms by the offender in the commission of the offence;
the fact that the offender holds a public office_
and the offence is connected with-the office in question;
(/} the victimization or use of minors iu the commission of the offence;
(g} the fact that the offence is committed in a prison or in an educational institution or social service institution or in their immediate vicinity or in any other place to which.school children and students resort, for. educational sports and social activities.
The High Court of Sri Lanka holden in
Colombo or the High Court of the Province established under Article 154P of the Constitution for· the Western
Province, holden in-Colombo, shall, notwithstanding anything in any.other .law, have exclusive jurisdiction to hear, try and determine in the manner provide by written law, any offence under this Act.
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Convelltions Agaiilst I/licit Traffic· i11 Nllrcoric
Drugs a11tl .Psychotropic S11bsta11ccs
. (2) Where an act constituting an offence under this Act is committed outside Sri Lanka, the High Court referred to in subsection (1) shall have jurisdiction to try such offence as if it were committed within Sri Lanka, if-
a) the person who cmmmitted such act is present in Sri
Lanka;
such act is committed by a citizen of Sri Lanka or by a national of another State which is a party to this
Convention.· or by a stateless person, who has his habitual residence in Sri Lanka:
such act is commhted against, or on board a ship or aircraft registered in Sri Lanka at the time of the commission of the offence;
such act is committed against or on board a ship or aircraft registered under the Jaws of another State which is a party 10 this Convention, at the time of the commission of the offonce;
the person in relation to whom the offence is alleged
. to have been committed is a citizen of Sri Lanka;
(!) such act is committed in order to compel the
Government of Sri Lanka, to do or abstain from doing, any act.
s 4Rights or certain persons arrested for offences under this AcL
Where a person who is not a citizen of Sri Lanka is arrested for an offence under this Act, then he shall be entitled-
to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to prote<.\
his rights or if he is a stateless person, which he requests and is willing to protect his rights: and
Conve11tio11s Against Illicit Traffic in Narcotic·
Drugs and Psychotropic Substances
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to be visited by a representative of that State.
s 5Evidence
Where in a prosecution for an offence under section 2
the question arises as .to weather any drug or substance is a·
narcotic drug or a psychotropic substance or a substance·
specified in Table I or Table II of the 1988 United Nations
Convention or the SAARC Convention, a report by the
Government Analyst ¡o the effect that such drug oi: substance is a narcotic drug or psychotropic substance or a substance specified in Table I or Table II of the 1988 United Nations
Convention or the SAARC Convention, shall be admissible in evidence and shall be· p,rima facie evidence of the facts stated therein.
For the purposes of this section "Government Analyst"
shall include the Additional Goyemment Analyst, a Deputy
Government Analyst. a Senior Government Analyst or an
Assistant Government Analyst.
On indictment of any person i.n the High Coun, for an offence under this Act-
any· article or substance in connection with which the offence was committed, or used in, or in conneciion with, the commission of such offence;
the proceeds of such offence, shal I with effect from the date of filing of such indictment be liable to seizure or freezing as the case may be, on application made in that behalf to the I-ligh Court .
. (2) 'The seizure of any article or substance or the freezing of proceeds in terms <;>f subsection (1) shall be in force until the conclusion of the trail.
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Co11ve11tio11s ,1.gain.tt Illicit Tmffic in Narcotic
Drugs and Psyclrotropic S11bsra11ces
Act, N(). I of 2008
On the conviction of any person for an offence under section 2, the Court may Order that-
any article or substance in connection with which the offence was commifted, or used in or in connection with; the commission of such offence;
the proccc4s of such offence, shall be forfeited to the State.
any property forfeited to the State by !IO Order made under subsection (1 ), shall vest _absolutely in the State. Such vesting shall take effect-
'
where no appeal in preferred to the Court of Appeal against the Order of forfeiture, on the expiration of the period within which an appeal may preferred to the Court of Appeal against such Order of forfeiture;
where an appeal has been preferred. to the Court of
Appeal against such Order of forfeiture and no appeal is preferred to the Supreme Court against the
Order of the Court of Appeal affirming or upholding such Order of forfeiture, on the expiration of the period within which an appeal may be 'preferred to the Supreme Court fro'm such Order of the Court of Appeal ; or
where an appeal has been preferred to the Court of
Appeal against such Order of forfeiture and an appeal has been· preferred to the Supreme Court from the determination of the Court of Appe:il on the first mentioned appeal, upon the determination of the
Supreme Court affirming or upholding the Order of forfeitur.
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Dmgs a11d Psychotropic S11bsta11c:es
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. Where a Court is satisfied on the evidence adduced at a triiil for an offence under section 2, that any funds standing to die credit of any account in·any bank, are.the proceeds of sucH offence, it may by written Order prohibit the manager of sueÒ bank from permitting or allowing the withdrawal of any funds from that account, until the conclusion of ihe tria) of such offence.
·s. An offence under section 2 shall be a cognizable-offence arid a non-bailable offence, within the meaning and for the purposes of the Code of Criminal Procedure
Act, No. 15 of 1979.
Offences to be cognizable :ind non-b:iilablc.
Part II
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psyciiotropic' Substances
Part III
Part iii·
Part IV