Sri Lanka Consolidated Acts

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Poisons, Opium And Dangerous Drugs (Amendment) Act (No. 13 of 1984) - Sect 13

Insertion of new section 82 and 83 in the principal enactment, [ 13,13 of 1984]

13. The following new sections are hereby inserted immediately after section 81, and shall have effect as section 82 and section 83, of the principal enactment :-
82.
(1) The provisions of sections 36. 37 and 38 of the Code of Criminal Procedure Act shall not apply in relation to persons being suspected or accused of contravening any provision of Chapter V of this Ordinance.
(2) A police officer making an arrest without a warrant of any person suspected or accused of committing an offence under Chapter V of this Ordinance, Shall without unnecessary delay and within twenty-four hours of his arrest, produce such person before a Magistrate having jurisdiction in the case.
(3) The magistrate may, Upon a certificate being filed by a police officer not below the rank of a Superintendent of Police or in his absence the officer acting on his behalf to the effect that it is necessary to detain such person in custody for the purpose of in vein gallon, make an order permitting the detention of such person in police custody for a period not exceeding seven days.
(4) Upon the conclusion of the investigation or upon the completion of the period of detention, whichever occurs first, such person snail be produced before the Magistrate and subject to the provisions of section 83 of this Ordinance the provisions of the Code of Criminal Procedure Act shall apply to and in relation to such person.
83.
(1) No person suspected or accused of an offence under section 54A or section 54B of this Ordinance shall be released on bail, except by the High Court in exceptional circumstances.
(2) Notwithstanding the provisions of subsection (1), the provisions of the Criminal Procedure (Special Provisions) Law. No. 15 of 1978,* shall, so long as that law is in force, apply to and in relation to any person suspected or accused of an offence under this Ordinance."(See List of enactment omitted from the Revised Edition.)


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