As enacted

Contents

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

135. Presumptions

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

(1)

For the purposes of this Act and of any regulations made thereunder—

(a)

any medicine, medical device or borderline product found, kept or exhibited in any shop or other place commonly used for the sale of articles shall be presumed until the contrary is proved to be intended for sale; and

(b)

any substance capable of being used in the composition or preparation of any medicine, medical device or borderline product which is found in the premises and used in a preparation shall be presumed until the contrary is proved, to be intended for use in the composition or preparation of that medicine, medical device or borderline product.

(2)

Where in a prosecution for the offence of manufacturing a medicine which is adulterated, it is established –

(a)

that such medicine was adulterated with the addition of any other substance; and

(b)

that the accused had in his possession or premises such other substance, it shall be presumed until the contrary is proved that such medicine was adulterated by the addition of that other substance.

(3)

Where a package containing any medicine, medical device or borderline product has on or upon it the name and address purporting to be the name or address of the person who manufactured or packaged it, it shall be presumed until the contrary is proved that the medicine, medical device or borderline product was manufactured or packaged, as the case may be, by the person whose name or address appears on the package.

Read on from s 136

Part V