Sri Lanka Consolidated Acts

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Poisons, Opium And Dangerous Drugs (Amendment) Act (No. 13 of 1984) - Sect 8

Insertion of new section 77A and 77B in the principal enactment [ 8, 13 of 1984]

8. The following new sections are hereby inserted immediately after section 77 and shall have effect as section 77, and section 77B, of the principal enactment:
77A.
(1) Notwithstanding anything to the contrary in section 116 of the Code of Criminal Procedure Act, a police officer may submit any drug, substance, article or preparation seized by him or any portion thereof or any sample taken by him in relation to an offence committed under Chapter III or Chapter V of this Ordinance to the Government Analyst for examination.
(2) Where the Government Analyst has made an examination of any drug, substance, article or preparation submitted to him under subsection (1) he shall send to the police officer who submitted such drug, substance, article, preparation or any portion or sample thereof for examination, a report setting out the result of his examination and he shall forward a copy thereof to the Police Narcotics Bureau.
(3) A report submitted to the police officer under subsection (2) shall be received in evidence in any inquiry, trial or other proceeding under this Ordinance.
(4) The Government Analyst to whom any drug, substance, article, preparation or any portion or sample thereof had been submitted for examination under subsection (1) shall, after submitting his report thereon under subsection (2), send such drug, substance, article, preparation or the portion or sample thereof to the Police Narcotics Bureau, which shall upon an order issued by the Magistrate for its destruction, forthwith cause such drug, substance, article, preparation or portion or sample thereof to be destroyed.
77B. In any proceedings before any court for an offence under Chapter III or Chapter V of this Ordinance, unless the court makes an order to the contrary, if it is of the opinion that justice demands such an order being made, no witness shall be obliged to disclose the name and identity of the informer who has given information with respect to the commission of such offence or to answer any question if the answer thereto would lead or would tend to lead to the discovery of the identity of the informer."


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