As enacted

Contents

National Medicines Regulatory Authority Act 2015 · As enacted · Part IV · General

Section 133

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

Where the accused proves that some other person is guilty of the offence

(1)

Where a person (hereinafter referred to as “the accused”) is charged with an offence under this Act, he shall, upon complaint duly made by him in accordance with the provisions of section 136 of the Code of Criminal Procedure

Act, No. 15 of 1979, and on giving to the prosecution not less than three days’ notice of his intention, be entitled to have any other person whom he charges as the actual offender brought before the court, and if, after the commission of the offence has been proved, the accused proves to the satisfaction of the court that the commission of the offence was due to the act or default of such other person, such other person may be convicted of the offence, and, if the accused further proves that he has used all due diligence to enforce the provisions of this Act, he shall be acquitted of the offence.

(2)

Where an accused seeks to avail himself of the provisions of subsection (1)—

(a)

the prosecution, as well as the person whom the accused charges with being the actual offender, shall have the right to cross-examine him, if he gives evidence and any witness called by him in support of his pleas, and to call evidence in rebuttal; and

(b)

the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

Read on from s 134

Part V