PART III
EVIDENCE,
ENFORCEMENT AND PUNISHMENT
Certificate of corresponding law
15.
—(1)
A
document purporting to be issued by or on behalf of the government of
a country outside Singapore and purporting to state the terms of
a corresponding law in force in that country shall be admitted
in evidence, in any proceedings for an offence under this Act, on
its production by the prosecution without further proof.
(2)
Such document shall be conclusive
evidence that —(a)
it is issued by or on behalf of the
government of that country;
(b)
the terms of that law are as stated
in the document; and
(c)
any fact stated in the document as
constituting an offence under that law does constitute such offence.
Certificate of analyst, etc.
16.
A
certificate purporting —(a)
to be signed by —(i)
an analyst employed by the Health
Sciences Authority; or
(ii)
such other person as the Minister
may, by notification in the Gazette, appoint;
and
(b)
to relate to a controlled drug or
controlled substance,
shall be admitted in evidence, in any
proceedings for an offence under this Act, on its production by
the prosecution without proof of signature and, until the contrary is
proved, shall be proof of all matters contained therein.
[2/2006]
Presumption concerning trafficking
17.
Any
person who is proved to have had in his possession more than —(a)
100 grammes of opium;
(b)
3 grammes of morphine;
(c)
2 grammes of diamorphine;
(d)
15 grammes of cannabis;
(e)
30 grammes of cannabis mixture;
(f)
10 grammes of cannabis resin;
(g)
3 grammes of cocaine;
(h)
25 grammes of methamphetamine;
(ha)
113 grammes of ketamine; or
(i)
10 grammes of any or any combination
of the following:(i)
N, α-dimethyl-3,4-(methylenedioxy)phenethylamine;
(ii)
α-methyl-3,4-(methylenedioxy)phenethylamine;
or
(iii)
N-ethyl-α−methyl-3,4-(methylenedioxy)phenethylamine,
whether or not contained in any substance,
extract, preparation or mixture, shall be presumed to have had that
drug in possession for the purpose of trafficking unless it is proved
that his possession of that drug was not for that purpose.
[38/89;40/93; 20/98;2/2006]
Presumption of possession and knowledge of controlled
drugs
18.
—(1)
Any
person who is proved to have had in his possession or custody or under
his control —(a)
anything containing a controlled drug;
(b)
the keys of anything containing a
controlled drug;
(c)
the keys of any place or premises
or any part thereof in which a controlled drug is found; or
(d)
a document of title relating to a
controlled drug or any other document intended for the delivery
of a controlled drug,
shall, until the contrary is proved,
be presumed to have had that drug in his possession.
(2)
Any person who is proved or presumed
to have had a controlled drug in his possession shall, until the
contrary is proved, be presumed to have known the nature of that
drug.
(3)
The presumptions provided for in this
section shall not be rebutted by proof that the accused never had
physical possession of the controlled drug.
(4)
Where one of 2 or more persons with
the knowledge and consent of the rest has any controlled drug in
his possession, it shall be deemed to be in the possession of each
and all of them.
Presumption concerning premises
19.
—(1)
Where
a pipe, syringe, utensil, apparatus or other article intended for
the smoking, administration or consumption of a controlled drug
is found in any place or premises, it shall be presumed, until the
contrary is proved, that the place or premises is used for the
purpose of smoking, administering or consuming a controlled drug.
(2)
Any person found in or escaping from
any place or premises which is proved or presumed to be used for
the purpose of smoking or administering a controlled drug shall,
until the contrary is proved, be presumed to have been smoking or
administering a controlled drug in that place or premises.
Presumption relating to ship or aircraft
20.
If
any controlled drug is found in any ship or aircraft, it shall be
presumed, until the contrary is proved, that the drug has been imported
in that ship or aircraft with the knowledge of the master or the
captain thereof.
Presumption relating to vehicle
21.
If
any controlled drug is found in any vehicle, it shall be presumed,
until the contrary is proved, to be in the possession of the owner
of the vehicle and of the person in charge of the vehicle for the
time being.
Presumption relating to urine test
22.
If
any controlled drug is found in the urine of a person as a result
of both urine tests conducted under section 31(4)( b),
he shall be presumed, until the contrary is proved, to have consumed
that controlled drug in contravention of section 8(b).
[49/75;38/89; 2/2006]
Protection of informers
23.
—(1)
Except
as provided in subsection (3) —(a)
no information for an offence under
this Act shall be admitted in evidence in any civil or criminal
proceedings; and
(b)
no witness in any civil or criminal
proceedings shall be obliged —(i)
to disclose the name and address of
any informer who has given information with respect to an offence
under this Act; or
(ii)
to answer any question if the answer
thereto would lead, or would tend to lead, to the discovery of the
name or address of the informer.
(2)
If any book, document or paper which
is in evidence or liable to inspection in any civil or criminal
proceedings contains any entry in which any informer is named or
described or which may lead to his discovery, the court shall cause
those entries to be concealed from view or to be obliterated so
far as may be necessary to protect the informer from discovery.
(3)
If —(a)
in any proceedings before a court
for an offence under this Act, the court, after full inquiry into
the case, is satisfied that an informer wilfully made a material
statement which he knew or believed to be false or did not believe to
be true; or
(b)
in any other proceedings, the court
is of the opinion that justice cannot be fully done between the
parties thereto without the disclosure of the name of an informer,
the court may permit inquiry and require
full disclosure concerning the informer.
Powers of search and seizure
24.
—(1)
Any
officer of the Bureau, police officer not below the rank of Assistant Superintendent
of Police or any police officer authorised by him or any senior
officer of customs may at any time —(a)
without a warrant enter and search
any place or premises in which he reasonably suspects that there
is to be found —(i)
any controlled drug, controlled substance
or article liable to seizure; or
(ii)
a person who has committed or is reasonably
suspected to have committed any offence under this Act or any seizable
offence under the regulations;
(b)
search any person found in that place
or premises; and
(c)
seize and detain any controlled drug
or controlled substance found in that place or premises, or any
article liable to seizure.
[20/98]
(2)
For the purpose of exercising his
power under this section, an officer may, with such assistance as
he considers necessary, break open any door, window, lock, fastener,
floor, wall, ceiling, compartment, box, container or any other thing.
Powers of arrest
25.
—(1)
Any
officer of the Bureau, police officer, officer of customs, or special police
officer or member of the Vigilante Corps authorised in writing by
a police officer not below the rank of Assistant Superintendent
of Police, may arrest and search without a warrant any person who
has committed or whom he reasonably suspects to have committed an
offence under this Act or a seizable offence under the regulations.
[12/77;20/98]
(2)
Any person arrested under subsection
(1) shall, together with any controlled drug, controlled substance
or article liable to seizure, be taken to the Central Narcotics
Bureau, a police station or a customs station and may be searched.
[49/75;20/98]
(3)
No woman shall be searched under this
Act except by another woman.
(4)
An officer making an arrest under
this section may seize and detain any controlled drug, controlled
substance or article liable to seizure.
[20/98]
Power to search ship, hovercraft, aircraft, vehicle
or train and person arriving in or departing from Singapore
26.
—(1)
Any
officer of the Bureau, police officer or officer of customs may —(a)
stop, board and search any ship, hovercraft,
aircraft, vehicle or train if he has reason to suspect that there
is therein any controlled drug in contravention of this Act, controlled
substance or any article liable to seizure;
(b)
search any person in that ship, hovercraft,
aircraft, vehicle or train; and
(c)
search any person arriving in Singapore
or about to depart from Singapore.
[20/98]
(2)
An officer may seize and detain —(a)
any controlled drug, controlled substance
or article liable to seizure as a result of any search under this
section; and
(b)
any ship, hovercraft, aircraft, vehicle
or train which has been used in the commission of or in connection
with an offence under this Act.
[20/98]
Forfeiture of controlled drugs, controlled substances
and articles seized
27.
—(1)
Where
anything is seized under this Act, the officer who carried out the seizure
shall immediately give notice in writing of the seizure to the owner
of that thing, if known, either by delivering the notice to him
personally or by post at his place of residence, if known.
(2)
The notice under subsection (1) shall
not be required to be given where the seizure is made in the presence
of the offender or the owner or his agent, or in the case of a ship
or an aircraft, in the presence of the master or captain thereof.
(3)
An order for the forfeiture of any
controlled drug, controlled substance or article shall be made if
it is proved to the satisfaction of a court that an offence under this
Act has been committed and that such drug, substance or article
was the subject matter of or was used in the commission of the offence
notwithstanding that no person may have been convicted of that offence.
[20/98]
(4)
If there is no prosecution with regard
to any controlled drug, controlled substance or article seized under
this Act, that drug, substance or article shall be deemed to be
forfeited at the expiration of one month from the date of the seizure
thereof unless a claim thereto has been made before that date in
such manner as may be prescribed.
[20/98]
Forfeiture of ship, hovercraft, aircraft or vehicle
28.
—(1)
Where
a person has been convicted of an offence under this Act, the court may
order to be forfeited to the Government any ship, hovercraft or
aircraft which has been proved to have been used in any manner in
connection with the offence.
[20/98]
(2)
Where a person has been convicted
of an offence under this Act, the court shall, upon the application
of the Public Prosecutor, order to be forfeited to the Government
any vehicle which has been proved to have been used in any manner
in connection with the offence.
[20/98]
(3)
This section shall not apply to any
ship or hovercraft of more than 200 tons net or to any aircraft
belonging to any person carrying on a regular passenger service
to and from Singapore by means of that aircraft.
(4)
No ship, hovercraft, aircraft or vehicle
shall be forfeited under this section if it is established by the
owner thereof that the ship, hovercraft, aircraft or vehicle was unlawfully
in the possession of another person without the consent of the owner.
Disposal of things forfeited
29.
—(1)
All
things which are forfeited to the Government under this Act shall
be disposed of in such manner as the Minister thinks fit.
(2)
The Minister may, in his discretion
and after any proceedings under this Act are concluded, entertain
and give effect to any claim to or in respect of anything which has
been forfeited to the Government.
Obstruction of inspection or search
30.
—(1)
It
shall be an offence for a person to —(a)
obstruct any officer of the Bureau,
police officer, officer of customs or other public officer in the
exercise of any power under this Act;
(b)
fail to comply with any lawful requirement
of any officer of the Bureau, police officer, officer of customs
or other public officer in the execution of his duty under this
Act;
(c)
fail, without reasonable excuse, to
furnish such information in his possession as may be required by
any officer of the Bureau, police officer, officer of customs or
other public officer; or
(d)
furnish to any officer of the Bureau,
police officer, officer of customs or other public officer any information
which he knows or has reason to believe to be false.
[12/77]
(2)
In subsection (1), “public
officer” includes any special police officer or member of
the Vigilante Corps exercising any power under section 25.
[12/77]
Urine tests
31.
—(1)
Any
officer of the Bureau, immigration officer or police officer not
below the rank of sergeant may, if he reasonably suspects any person
to have committed an offence under section 8(b),
require that person to provide a specimen of his urine for urine
tests to be conducted under this section.
[12/77;38/89]
(2)
A person who fails, without reasonable
excuse, to provide a specimen of his urine within such time as may
be required by any of the officers referred to in subsection (1)
shall be guilty of an offence.
[12/77]
(3)
Any person (other than a citizen of
Singapore or a permanent resident) arriving in Singapore by land,
sea or air who —(a)
fails to comply with the requirement
of an immigration officer under this section; or
(b)
is found as a result of urine tests
conducted under subsection (4)(a) or (b) to have consumed a controlled drug,
may be prohibited from entering or
remaining in Singapore.
[38/89;2/2006]
(4)
A specimen of urine provided under
this section shall be divided into 3 parts and dealt with, in such
manner and in accordance with such procedure as may be prescribed,
as follows:(a)
a preliminary urine test shall be
conducted on one part of the urine specimen; and
(b)
each of the remaining 2 parts of the
urine specimen shall be marked and sealed and a urine test shall
be conducted on each part by a different person, being either an
analyst employed by the Health Sciences Authority or any person
as the Minister may, by notification in the Gazette,
appoint for such purpose.
[2/2006]
Power of investigation of officers of Bureau
32.
—(1)
In
any case relating to the commission of an offence under this Act,
an officer of the Bureau shall have all the powers of a police officer
under the Criminal Procedure Code (Cap. 68) in relation to an investigation
into a seizable offence.
[49/75;20/98]
(2)
In any case relating to the commission
of an offence under the regulations —(a)
where the offence is seizable, an
officer of the Bureau shall have all the powers of a police officer
under the Criminal Procedure Code in relation to an investigation
into a seizable offence; and
(b)
where the offence is non-seizable,
an officer of the Bureau shall have all the powers of a police officer
under the Criminal Procedure Code in relation to an investigation
into a non-seizable offence.
[20/98]
Officer of Bureau to be armed
32A.
Every
officer of the Bureau shall be provided with such staves, arms,
ammunition and other accoutrements as may be necessary for the effective
discharge of his duties.
[2/2006]
Punishment for offences
33.
—(1)
Except
as provided in subsection (4) or under section 33A, the Second Schedule
shall have effect, in accordance with subsections (2) and (3),
with respect to the way in which offences under this Act are punishable
on conviction.
[12/77;20/98]
(2)
In relation to an offence under any
provision of this Act specified in the first column of the Second
Schedule (the general nature of the offence being described in the
second column thereof) —(a)
the third, fourth and fifth columns
show, respectively, the punishments to be imposed on a person convicted
of the offence according to whether the controlled drug in relation
to which the offence was committed was a Class A drug, a Class B
drug or a Class C drug, except as otherwise provided in paragraph
(b);
(b)
the sixth column shows the punishments
to be imposed on a person convicted of the offence where the offence
was committed — (i)
in the case of unauthorised manufacture,
in relation to such specified controlled drug as is mentioned in
the second column; and
(ii)
in the case of unauthorised traffic
or import or export, in relation to a specified quantity of such
controlled drug or to a controlled drug (except opium) containing
such quantity of morphine or diamorphine as is mentioned in the
second column; and
(c)
the seventh column shows the punishments
to be imposed on a person convicted of the offence whether or not
the offence was committed in relation to a controlled drug and,
if it was so committed, irrespective of the nature of the drug.
(3)
In the third, fourth, fifth, sixth
and seventh columns of the Second Schedule, a reference to a period
gives the maximum or minimum term of imprisonment as is specified,
a reference to a sum of money gives the maximum or minimum fine
as is specified, and a reference to a number of strokes gives the
number of strokes of caning with which the offender shall, subject
to section 231 of the Criminal Procedure Code (Cap. 68), be punished.
[49/75]
(4)
If any person convicted of an offence
under section 8(b) or 31(2) is again convicted
of an offence under section 8(b) or 31(2), he
shall on conviction be punished with imprisonment for a term of
not less than 3 years unless he is punished under section 33A for
that same offence.
[20/98]
(5)
In subsection (4), “convicted
of an offence” includes a conviction by a subordinate military
court or the Military Court of Appeal constituted under the Singapore Armed
Forces Act (Cap. 295).
[38/89]
Punishment for repeat consumption of specified drugs
33A.
—(1)
Where
a person who has not less than —(a)
2 previous admissions;
(b)
2 previous convictions for consumption
of a specified drug under section 8(b);
(c)
2 previous convictions for an offence
of failure to provide a urine specimen under section 31(2);
(d)
one previous admission and one previous
conviction for consumption of a specified drug under section 8(b);
(e)
one previous admission and one previous
conviction for an offence of failure to provide a urine specimen
under section 31(2); or
(f)
one previous conviction for consumption
of a specified drug under section 8(b) and one
previous conviction for an offence of failure to provide a urine specimen
under section 31(2),
is convicted of an offence under section
8(b) for consumption of a specified drug or
an offence of failure to provide a urine specimen under section
31(2), he shall on conviction be punished with —(i)
imprisonment for a term of not less
than 5 years and not more than 7 years; and
(ii)
not less than 3 strokes and not more
than 6 strokes of the cane.
[20/98]
(2)
Where a person who has been punished
under subsection (1) is again convicted of an offence for consumption
of a specified drug under section 8(b) or an
offence of failure to provide a urine specimen under section 31(2),
he shall on conviction be punished with —(a)
imprisonment of not less than 7 years
and not more than 13 years; and
(b)
not less than 6 strokes and not more
than 12 strokes of the cane.
[20/98]
(3)
A certificate purporting to be signed
by an officer authorised in writing by the Director of Prisons and
purporting to relate to a person’s previous admission to
an approved institution under this Act shall be admissible in evidence
in any proceedings under this section, on its production by the
prosecution without proof of signature; and, until the contrary
is proved, that certificate shall be evidence of all matters contained
therein.
[20/98]
(4)
A certificate purporting to be signed
by the Registrar for the subordinate military courts or for the
Military Court of Appeal appointed under section 82(5) of the Singapore
Armed Forces Act (Cap. 295) shall be admissible in evidence, in
any proceedings under this section, on its production by the prosecution
without proof of signature; and, until the contrary is proved, that
certificate shall be evidence of a person’s previous conviction
by a subordinate military court or the Military Court of Appeal.
[20/98]
(5)
For the purposes of this section —(a)
a conviction under section 8(b) by a court including a subordinate military court
or the Military Court of Appeal constituted under the Singapore Armed
Forces Act at —(i)
any time on or after 1st October 1992
but before the relevant date for the consumption of a controlled
drug which, on the date of any subsequent conviction, is specified
in the Fourth Schedule; or
(ii)
any time on or after the relevant
date for the consumption of a specified drug,
shall be deemed to be a previous conviction
for consumption of a specified drug under section 8(b);
(b)
a conviction under section 31(2) by
a court including a subordinate military court or the Military Court
of Appeal constituted under the Singapore Armed Forces Act at any
time on or after 1st October 1992 shall be deemed to be a previous
conviction for an offence of failure to provide a urine specimen
under section 31(2);
(c)
“admission” means
an admission under section 34(2) to an approved institution at —(i)
any time on or after 1st October 1992
but before the relevant date for the consumption of a controlled
drug which, on the date of any subsequent conviction, is specified
in the Fourth Schedule; or
(ii)
any time on or after the relevant
date for the consumption of a specified drug;
(d)
“relevant date” —(i)
in relation to a conviction or admission
for consumption of diamorphine, morphine or opium, means 20th July
1998; and
(ii)
in relation to a conviction or admission
for consumption of any drug added to the Fourth Schedule after 20th
July 1998, means the date on which the amendment to that Schedule
for the inclusion of such drug commences.
[2/2006]