Section 36: Facilitating or permitting drug offences
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
36. Facilitating or permitting drug offences
Any person who unlawfully—
(a) facilitates for any other person the unlawful use of dangerous
drugs, against payment or free of charge, either by procuring
premises for that purpose or by any other means or while being
a proprietor, manager, director, operator, on any terms whatsoever, of a hotel, furnished house, boarding house, drinking establishment, restaurant, club, society, dancing hall, entertainment
hall or any other premises whatsoever open to the public or used
by the public, connives at or permits the use of dangerous drugs
in the said establishment or premises;
(b) prescribes dangerous drugs as acts of complaisance, that is to
say in the absence of any genuine belief that such a prescription
is necessary or desirable in the interests of the health of the person for whom they are prescribed;
(c) issues dangerous drugs on presentation of a prescription knowing the fictitious or complaisant nature of any such prescription;
(d) obtains delivery or supply of dangerous drugs or who attempts
to have such drugs delivered or supplied to him by means of a
prescription of fictitious or complaisant nature;
(e) administers to, or adds to the food or beverages of, a person
without his knowledge, dangerous drugs;
(f) knowingly or negligently permits premises of which he is the
owner or which are under his occupation, management or charge
to be used—
(i) for concealing or storing any dangerous drug;
(ii) for preparing or manufacturing any dangerous drug; or
(iii) for the sale of any dangerous drug;
(g) knowingly or negligently permits any land of which he is owner
or which is under his occupation, management or charge, to be
planted with opium poppy, coca bush or cannabis plant,
shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees and to imprisonment for a term not exceeding 15 years.
[S. 36 amended by s. 9 of Act 30 of 2008 w.e.f. 20 February 2009.]
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Questions this section answers
- Can I be prosecuted if drugs are used or sold on premises I own or manage?
- Is a bar or club owner liable when customers use drugs on the premises?
- Is it an offence to spike someone's drink or food with drugs?
- Is a landowner liable when cannabis is grown on his land?