On 05/03/2016,
you requested the version as published on or before 23/11/2015.
30/03/1987
PART III
EVIDENCE, ENFORCEMENT AND PUNISHMENT
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.
16. A certificate purporting to be signed by an analyst employed by the Health Sciences Authority and purporting 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, that certificate shall be prima facie evidence of all matters contained therein.
[20/98; 4/2001]
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; or
(i)
10 grammes of any or any combination of the following:
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]
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.
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.
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.
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.
22. If any controlled drug is found in the urine of a person as a result of both urine tests conducted under section 31, 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]
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 contain 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)
if 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.
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.
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]
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]
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]
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.
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.
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]
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 this section to have consumed a controlled drug,
may be prohibited from entering or remaining in Singapore.
[38/89]
(4) A specimen of urine provided under this section shall be divided into 2 parts and each part shall be marked and sealed in such manner and in accordance with such procedure as may be prescribed.
[38/89]
(5) A urine test shall be conducted by an analyst employed by the Health Sciences Authority on one part of a specimen of urine provided under this section and, at the same time or soon thereafter, a second urine test shall be conducted on the other part of the specimen of urine by another analyst employed by the Health Sciences Authority.
[38/89; 20/98; 4/2001]
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]
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]
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 before 20th July 1998 but not before 1st October 1992 for the consumption of a controlled drug which is specified in the Fourth Schedule; or
(ii)
any time on or after 20th July 1998 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 before 20th July 1998 but not before 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 before 20th July 1998 but not before 1st October 1992 for the consumption of a controlled drug which is specified in the Fourth Schedule; or
(ii)
any time on or after 20th July 1998 for the consumption of a specified drug.
[20/98]