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Contents

2. Offences

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

( l) Any person who, whether in or outside Sri Lanka, and whether he is a citizen of Sri Lanka or not, intentionally-

(a)

. 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;

.

.

(b)

cultiv§tes opium poppy, coca bush or the cannabis plant, for the purposes of the production of any narcotic drug;

(c)

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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(d)

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;

(e)

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;

(g)

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;

(Ii)

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;

(1)

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

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. (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.

(2)

Any person who-

(a)

attempts to commit; or

(b)

abets the commission of; or

(c)

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.

(3)

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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(4)

In imposing punishment on any person convicted of an offence under this section, the CoW1 sh11ll have regard to the following:-

(a)

· the involvement in the commission of the offence, of an organized criminal group to which the offender belongs;

(b)

the involvement of the offender in any other internation;d organized c•iminal activities;

(c)

the involvement of the offender in oth–r illegal activities facilitated by the commission of the offence;

(d)

the use of violence or arms by the offender in the commission of the offence;

(e)

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.

Part II

The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psyciiotropic' Substances

Part III

Part iii·

Part IV

Mlsceu.Aneous

Schedules