Poisons, Opium and Dangerous Drugs (Amendment) Act 2022 · As enacted
3. Amendment of section 77A of the principal enactment
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
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).”.