Poisons, Opium and Dangerous Drugs (Amendment) Act 2022 · As enacted
5. Insertion of new sections 84, 85, 86 and 87 in 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
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