Section 2: Interpretation

2. Interpretation “ADSU” means the Anti-Drug and Smuggling Unit of the Police organised for the prevention and detection of offences in connection with dangerous drugs; “authorised person” means a medical practitioner, pharmacist, dental surgeon or veterinary surgeon, in the exercise of his profession; “Authority” means a body or person empowered to grant import and export authorisations and diversion certificates and, in relation to Mauritius, means the Permanent Secretary acting in accordance with sections 12, 13, 14 and 15; “bank” has the same meaning as in the Banking Act; “coca leaves” means the leaves of any plant of the genus erythroxylaceae from which cocaine can be extracted directly or by chemical transformation; “Commissioner” means the Commissioner appointed under section 45 (8); “container” means any wrapper or receptacle; “controlled delivery” has the meaning assigned to it in section 55; “Conventions” means the United Nations 1961 Single Convention on Narcotic Drugs as amended by the Protocol of 1972 on Narcotic Drugs, 1971 Convention on Psychotropic Substances, and 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; “corresponding law” means a law stated, in a certificate purporting to be issued by or on behalf of the Government of any country other than [Issue 4] D2 – 2 Revised Laws of Mauritius Mauritius, to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of dangerous drugs in accordance with the Conventions; “cultivation” includes the entire process of supervising the growth of a plant, from preparation of the soil up to and including harvest; “dangerous drug” means— (a) any plant or part thereof or substance listed in the First, Second or Third Schedule; (b) the isomers of the listed drugs, unless specifically excepted, whenever the existence of such isomers is possible within the specific chemical designation; (c) the esters and ethers of the drugs listed in the First, Second or Third Schedule whenever their existence is possible; (d) the salts and esters of the drugs listed in the First, Second or Third Schedule including the salts of ethers and isomers whenever the existence of such salts is possible; (e) the preparations of these substances, other than those listed in the Fifth Schedule; “diversion certificate” means a certificate in the form prescribed, issued by the Authority; “drug offence” means an offence under this Act; “export” does not apply to a dangerous drug in transit in Mauritius; “export authorisation” means an authorisation issued by the Authority in a country from which a dangerous drug is exported; “family” in relation to a person, means— (a) a spouse, concubine or paramour of that person; (b) his legitimate, illegitimate, natural or adopted child; (c) a brother or sister of that person; (d) the lineal ascendant or descendant of that person; or (e) a brother, sister, concubine or paramour of the spouse of that person; “financial institution” means— (a) a bank, non-bank deposit taking institution, or cash dealer, licensed or required to be licensed under the Bank of Mauritius Act; (b) an institution, or a person, licensed or required to be licensed under the Insurance Act or the Securities Act; (c) a management company, or registered agent, licensed or required to be licensed under the Financial Services Act. D2 – 3 [Issue 4] Dangerous Drugs Act “gandia” means bhang, babzi, siddhi and all the part that person; “financial institution” means— (a) a bank, non-bank deposit taking institution, or cash dealer, licensed or required to be licensed under the Bank of Mauritius Act; (b) an institution, or a person, licensed or required to be licensed under the Insurance Act or the Securities Act; (c) a management company, or registered agent, licensed or required to be licensed under the Financial Services Act. D2 – 3 [Issue 4] Dangerous Drugs Act “gandia” means bhang, babzi, siddhi and all the parts of the plant known as Cannabis Sativa L or Cannabis Indica but does not include hashish, charras or chiras; “Government store” means any place of storage approved by the Permanent Secretary; “hashish”, “charras” or “chiras” means the resin obtained from the cannabis plant; “import” does not apply to a dangerous drug in transit in Mauritius; “Indian hemp” means the dried flowering or fruiting tops of the cannabis plant from which the resin has not been extracted; “Judge” means a Judge of the Supreme Court; “manufacture” means the entire process of producing a substance in consumable state, including extraction, refining and transformation by chemical reaction; “Minister” means the Minister to whom responsibility for the subject of health is assigned; “Permanent Secretary” means the Permanent Secretary of the Ministry or any officer of that Ministry to whom he has delegated any of his powers under this Act; “possessions”— (a) means property of any kind, nature or description, whether movable or immovable, tangible or intangible; and (b) includes— (i) any cash in a bank account or bank deposit, whether in a person’s own name or in a fictitious name; (ii) any currency, whether or not the currency is legal tender in Mauritius, and any bill, security, bond, negotiable instrument or any instrument capable of being negotiated which is payable to bearer or endorsed payable to bearer, whether expressed in Mauritius currency or otherwise; (iii) any balance held in Mauritius currency or in any other currency in accounts with any bank which carries on business in Mauritius or elsewhere; (iv) any balance held in any currency with any bank outside Mauritius; (v) motor vehicles, ships, aircraft, boats, works of art, jewellery, precious metals or any other item of value; and (vi) any right or interest in property; “precursor” means any substance listed in the Fourth Schedule; [Issue 4] D2 – 4 Revised Laws of Mauritius “preparation” means— (a) a solution or mixture, in whatever physical state, containing a dangerous drug; (b) a dangerous drug in dosage form; “prescribed” means prescribed by regulations made under section 60; “prescription” means a prescription given by an authorised person for the supply of a dangerous drug for purposes of treatment given by him in the exercise of his profession; “production” includes manufacture, processing, testing, mixing, dilution, cutting, packing and labelling; “raw opium” means the spontaneously coagulated juice obtained from capsules of the Papaver Sommiferum L whatever its content of morphine, which has been submitted only to the manipulations necessary for packing and transport; “recipient” means a person to whom a dangerous drug is to be supplied. [S. 2 amended by s. 3 of Act 29 of 2003 w.e.f. 1 September 2003; s. 9 (a) of Act 14 of 2009 w.e.f. 30 July 2009; s. 9 of Act 20 of 2011 w.e.f. 16 July 2011.] les of the Papaver Sommiferum L whatever its content of morphine, which has been submitted only to the manipulations necessary for packing and transport; “recipient” means a person to whom a dangerous drug is to be supplied. [S. 2 amended by s. 3 of Act 29 of 2003 w.e.f. 1 September 2003; s. 9 (a) of Act 14 of 2009 w.e.f. 30 July 2009; s. 9 of Act 20 of 2011 w.e.f. 16 July 2011.]