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Section 58A: Destruction of dangerous drugs

Dangerous Drugs Act

This section is inserted by Act No 17 of 2022, section 19.

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.

58A. Destruction of dangerous drugs (1) Where – (a) a sample of dangerous drugs is analysed by FSL under section 58(2) and no request for a further analysis is made under section 58(3); 544 Acts 2022 (b) a further analysis of dangerous drugs is made under section 58(3), the police officer in charge of the investigation shall, on the written direction of a police officer not below the rank of Superintendent of Police, make an application, in such form as may be prescribed, to the District Court where the accused was or is provisionally charged for the destruction of the dangerous drugs seized. (2) Where, on an application made under subsection (1), the District Magistrate is satisfied that – (a) a sample of the dangerous drugs has been analysed by FSL under section 58(2) and no request for a further analysis has been made under section 58(3); (b) a further analysis of the dangerous drugs has been made under section 58(3), he shall order the destruction of the dangerous drugs to be carried out under his supervision and in presence of the police officer in charge of the investigation, at such place and time as he may determine. (3) Where the dangerous drugs seized are not the subject matter of any prosecution, they shall, notwithstanding this section, be destroyed forthwith. (4) The police officer in charge of carrying out the destruction under subsection (3) shall certify in a written report that the dangerous drugs have been destroyed.

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