Sri Lanka Consolidated Acts

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Offensive weapons Act (No. 18 of 1966) - Sect 12

Certain offenders to be indicted without preliminary inquiry

12.
(1) Anything in the Criminal Procedure Code or any other written law to the contrary notwithstanding, the Attorney-General may indict a person for an offence under this Act committed by reason of a contravention of any of the provisions of section 2 (1) before a District Court without a preliminary inquiry by a Magistrate's Court as provided in Chapter XVI of that Code.
(2) The following provisions shall apply in any case where the Attorney-General indicts a person before a District Court under subsection (1): -
(a) An indictment prepared in the manner prescribed by section 186 of the Criminal Procedure Code shall be transmitted by the Attorney-General to the District Court. He shall at the same time transmit to the Fiscal of the province in which the trial will take place a copy or copies of the indictment for service on the accused person or each of the accused persons who will be tried upon the indictment. The Fiscal shall forthwith and at least fourteen days before the day specified for trial serve or cause to be served on the accused person or each of the accused persons, the copy or a copy of the indictment received by him from the Attorney-General and shall make a return of such service to the District Court and to the Attorney-General or any officer appointed by the Attorney-General to represent him.
(b) The District Court shall forthwith upon the receipt of the indictment cause to be served on the accused person a notice specifying the date fixed for his trial.
(c) Service on an accused person of any indictment or notice of trial shall be effected in the manner prescribed for the service of summons in sections 45 and 46 of the Criminal Procedure Code, and the provisions of section 49 of that Code shall apply accordingly for the purpose of proving such service:
(d) The Attorney-General shall, before the date of trial, cause to be furnished to that person-
(i) a concise statement of if the particulars of the charge and a list of witnesses who are likely to be called to give evidence and a list of documents that may be used by the prosecutor; and
(ii) a summary of such of the facts as are proposed to be relied on by the prosecutor.
(e) At the trial of that person, the District Court or the prosecutor may, notwithstanding anything to the contrary in any other written law, call any such witness, or use or produce any such document, as is not specified in the indictment.

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