Database of Legislation

Drug offences
  • Offences

    • • Importation/ exportation
      • Offering/ offering for sale/ sale/ brokerage

UNTOC Articles

  • Organized Crime Convention

  • Article 11: Prosecution, adjudication and sanctions
  • Article 12: Confiscation and seizure
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 2:

    Section nine of the principal law is hereby amended by the insertion of the following new sub-section at the end thereof:

    "(3) Notwithstanding anything in any other law contained, a subordinate court of the first class may, in addition to any penalty imposed in terms of sub-section (1) of this section
    if the convicted person was at the time of his arrest in possession or custody of any motor vehicle used in conveyance of or containing any article or substance in contravention of any provision of this Proclamation relating to the importation, exportation or possession of habit-forming drugs or plants suspend for a period not exceeding five years any driver's licence issued to any such person under the provisions of any law relating to motor vehicles; and if the convicted person is licensed to keep a motor vehicle plying for hire under the provisions of any law relating to the issue of trading or revenue licences, cancel such licence; and in addition, if it thinks fit, declare such person disqualified from securing another such licence for a period not exceeding five years; and if the convicted person is the holder of any licence to trade issued under the provisions of any law relating to the issue of trading or revenue licences, and it is proved to the satisfaction of the court that he has used such licence to conceal or assist him in concealing any contravention of the provisions of this Proclamation, cancel such licence; and, in addition, if it thinks fit, declare such person disqualified from securing another such licence for a period not exceeding five years."

    Article 3:

    3. Section ten of the principal law is hereby repealed, and the following section substituted therefor:

    "10. Any member of the police force having the written authority of an administrative officer or of any police officer of or above the rank of sub-inspector and any police officer of or above that rank, without written authority, may search any person suspected on reasonable grounds of being in unlawful possession of any article or substance in contravention of any provision of this Proclamation, or enter and search any premises, place, receptacle, vehicle or aeroplane wherein it is suspected upon reasonable grounds that any such article or substance is being kept, or used, or cultivated, or conveyed in contravention of this Proclamation; and if on such search any such article or substance, or any pipes, receptacles or appliances for smoking or using them are found, they shall be seized and removed; and if it is proved that any such substance or article, or pipe, receptacle or appliance was possessed, kept, used, cultivated or conveyed in contravention of this Proclamation, it shall be declared forfeited to the Crown;
    Provided that whenever a member of the police below the rank of sub-inspector exercises the powers conferred by this section he shall forthwith make a written record of such search, or he shall make a report to his superior officer who shall without delay reduce such report to writing."

     
     

    Cross-Cutting Issues

    • Investigation Procedure

      • Confiscation and Seizure of

        • • Property, equipment or other instrumentalities
          • Proceeds of crime derived from offences covered by the Convention