Act of Parliament · As enacted · 1 part
Poisons, Opium and Dangerous Drugs (Amendment) Act 2022
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Poisons, Opium and
Dangerous Drugs (Amendment) Act, No. 41 of 2022.
s 2Amendment of section 54A of Chapter 218
Section 54A of the Poisons, Opium and Dangerous
Drugs Ordinance (Chapter 218) (hereinafter referred to as the “principal enactment”) is hereby amended as follows: -
by the re-numbering of section 54A as subsection (1) of that section;
in the renumbered subsection (1), by the repeal of all the words from “In this section: -” to the end of that section;
by the insertion immediately after subsection (1), of the following new subsections: -
“(2) In any proceedings under subsection (1), a certificate signed by an authorized analyst confirming -
the type of the dangerous drug; and
that the gross weight of such dangerous drug is two grammes or less, shall be prima facie evidence of the facts stated therein and the pure quantity of such dangerous drug shall be deemed to be not exceeding two grammes.
In this section -
“Goverment Analyst” means the person holding office as the Goverment
Analyst for the time being and includes an Additional, Deputy,
Senior Assistant or Assistant
Government Analyst and any person appointed to act as the
Government Analyst or an
Additional, Deputy, Senior
Assistant or Assistant Government
Analyst;
“manufacture” in relation to a dangerous drug includes any process of producing such drug and the refining or transformation of one drug into another;
“traffick” means-
to sell, give, procure, store, administer, transport, send, deliver or distribute; or
to offer to do anything specified in paragraph (a).”.
s 3Amendment of section 77A of the principal enactment
Section 77A of the principal enactment is hereby amended as follows: -
by the repeal of subsections (2), (3) and (4) of that section and the substitution therefor of the following: -
“(2) Where the Government Analyst has made an examination of any drug, substance, article or preparation submitted to him under subsection (1), he shall, within a period not exceeding twelve months from the date of such submission, send a report setting out the result of his examination to the Magistrate or any other competent court which has the jurisdiction to try an offence committed under Chapter III or Chapter V of this Ordinance, with copies to the police officer who submitted such drug, substance, article and preparation or any portion or sample for examination and to the Police
Narcotics Bureau.
A report submitted to the Magistrate or any other competent court under subsection (2)
shall be prima facie evidence in any inquiry, trial or other proceeding conducted under this
Ordinance.
Where any person raises an issue in respect of the opinion of the Government
Analyst specified in the report referred to in subsection (3) in any inquiry, trial or other proceeding, the burden of proving the fact that such report is inaccurate shall lie on the person who raises such issue.”.
by the addition immediately after subsection (4) of that section, of the following: -
“(5) (a) Where the Magistrate or the judge of any competent court having the jurisdiction to try the offence committed under Chapter III or Chapter V, is of the opinion that such drug, substance, article or preparation would become necessary in evidence during the proceedings before such court in respect of any offence, he shall order the Police Narcotics Bureau or any person authorized by the Magistrate or the Judge of such competent court to photograph such drug, substance, article or preparation, including the packages and seals, and to preserve the necessary evidance including packages and seals and to order the Police Narcotics Bureau or any person authorized by the Magistrate or the Judge of such competent court to destroy the same in the presence of the Registrar of such court, the prosecuting Counsel or the Police
Officer who conducts the prosecution or his representative and the defence Counsel or his representative.
The Police Narcotics Bureau or the person authorized by the Magistrate or the judge of the competent court, as the case may be, shall take the photographs in terms of the order made under paragraph (a) and forward such photographs and the necessary evidence including packages and seals forthwith to the relevant court.
The Police Narcotics Bureau or any person authorized by the Magistrate or the judge of such competent court shall under the supervision of the Magistrate or the judge of the competent court, as the case may be, destroy or cause to be destroyed such drug, substance, article or preparation in compliance with the order made by such Magistrate or the judge as the case may be, under paragraph (a) within a period of two months of the date of such order and shall forthwith submit a report relating to such destruction to the relevant court.
The Minister assigned the subject of
Justice may, with the concurrence of the Judicial
Service Commission prescribe by regulation, the mechanism of disposal of such drug, substance, article or preparation specified in subsection (5).”.
s 4Replacement of section 83 of the principal enactment
Section 83 of the principal enactment is hereby repealed and the following section is substituted therefor:-
83. (1) Subject to the provisions of sections 84, 85 and subsection (2) of this section, a person suspected or accused of an offence under sections 54A and 54B of this
Ordinance, shall not be released on bail by the
High
Court except in exceptional circumstances.
Notwithstanding the provisions of sections 84 and 85, a person suspected or accused of an offence under subsection (1) of section 54A and section 54B-
of which the pure quantity of the dangerous drug, trafficked, imported, exported or possessed is ten grammes or above in terms of the report issued by the Government Analyst under section 77A ; and
which is punishable with death or life imprisoment, shall not be released on bail except by the
Court of Appeal in exceptional circumstances.
For the purposes of this section
“dangerous drug” means Morphine, Cocaine,
Heroin and Methamphetamine.”.
s 5Insertion of new sections 84, 85, 86 and 87 in the principal enactment
The following new sections are hereby inserted immediately after section 83 of the principal enactment, and shall have effect as sections 84, 85, 86 and 87 of that enactment :-
“No bail for an offence under sections 54A and 54B except in exceptional circumstances
84.
“No person to be detained for more than twelve months in custody
A suspect or an accused who has not been tried and has not been convicted and sentenced by a Court under the provisions of subsection (1) of section 54A and section 54B, shall not be detained in custody for a period exceeding twelve months from the date of his arrest.
85.
detention
Notwithstanding the provisions of section 84, on application made in that behalf by the Attorney-General to the High Court established under Article 105 or a High Court established by Article 154P of the Constitution such court may, for good and sufficient reasons that shall be recorded, order that a suspect or an accused who has not been tried and has not been convicted and sentenced by a Court under the provisions of subsection (1) of section 54A and section 54B, be detained in custody for a period in excess of twelve months:
Provided that, the period of detention ordered under this section, shall not in any case exceed three months at a time and twenty four months in the aggregate.
86.
Voluntary
A person who is alleged to have committed an offence under section 52, section 54 or paragraphs (b), (c) or (d) of subsection (1)
of section 54A (in this section referred to as the
“offender”) shall not be liable for prosecution for an offence under the said provision in the following circumstances: -
medical and
where the quantity of the dangerous drug involved in the commission of the offence is less than one gramme;
Extension of the period of admission to treatment for de-addiction rehabilitation
where such person seeks to undergo medical treatment for de-addiction and rehabilitation;
and
where the Attorney-General has sanctioned the staying of the prosecution.
(a) The Officer-in-Charge of the relevant
Police Station, who conducts the investigation on the offender shall refer the offender to be examined by a Government Medical Officer to obtain a medical report on the extent of the drug dependency of such person.
If the medical report obtained under paragraph (a) confirms that the offender is a drug dependent person, the Officer-in-Charge of the Police Station shall refer such person to residential or non-residential treatment or rehabilitation in a Treatment and
Rehabilitation Centre designated in terms of the Drug Dependent Persons (Treatment and
Rehabilitation) Act, No. 54 of 2007.
Notwithstanding the preceding provisions of this section, any offender who fails to complete the treatment referred to in paragraph (b) of subsection (2) shall be liable to be prosecuted under section 52, section 54
or subsection (1) of section 54A, as the case may be.
87.
young offenders under eighteen years of age
Any person under the age of eighteen years who commits an offence punishable with death or life imprisonment under section 52, section 54, paragraphs (b), (c) and (d) of subsection (1) of section 54A and 54B shall not be punished with death or life imprisonment and shall only be liable for imprisonment for a term not exceeding ten years with compulsory rehabilitation and five years probation under the Probation of Offenders Ordinance
(Chapter 23).”.
Probation for
Amendment of the Third
Schedule to the principal enactment
“GROUP B
(sections 48, 51 and 68)
Drugs, substances, articles or preparations to which the provisions as to importation, exportation and wholesale and retail trade apply.
SECTION 1 1 Acetorphine 3-O-acetyltetrahydro-7α-(1-hydroxy-1-
methylbutyl)-6,14-endo-ethenooripavine (derivative of thebaine)
2 Acetyl-alpha-N-[1-(α-methylphenethyl)-4-
methylfentanyl piperidyl]acetanilide 3 Acetylfentanyl
N-Phenyl-N-[1-(2-phenylethyl)-4-
piperidinyl]acetamide 4 Acetylmethadol 3-acetoxy-6-dimethylamino-4,4-
diphenylheptane 5 Acryloylfentanyl
N-phenyl-N-[1-(2- phenylethyl)
(acrylfentanyl)
piperidin-4-yl] prop- 2-enamide 6 Alfentanil
N-[1-[2-(4-ethyl-4,5-dihydro-5-
oxo-1H-tetrazol-1-yl)ethyl]-4-
(methoxymethyl)-4-piperidinyl]-
N-phenylpropanamide 7 AH-7921 3,4-Dichloro-N-{[1-
(dimethylamino)
cyclohexyl] methyl}benzamide 8 Allylprodine 3-allyl-1-methyl-4-phenyl-4-
propionoxypiperidine 9 Alphacetyl α-3-acetoxy-6-dimethylamino-methadol 4,4-diphenylheptane 10 Alphameprodine α-3-ethyl-1-methyl-4-phenyl-4-
propionoxypiperidine 11 Alphamethadol α-6-dimethylamino-4,4 diphenyl-
3-heptanol 12 Alpha-N-[1-(α-methylphenethyl)-4-
Methylfentanyl piperidyl]propionanilide