THE DANGEROUS DRUGS ACT 2000

Act 41/2000

Proclaimed by [Proclamation No. 26 of 2001] w.e.f 5th December 2001

ARRANGEMENT OF SECTIONS
Section

PART I - PRELIMINARY

1. Short title
2. Interpretation
3. Classification of dangerous drugs
4. Reference to the Pharmacy Act

PART II - CONTROL OF DANGEROUS DRUGS

5. Cultivation
6. Prohibition of substances and preparations listed in Schedule I
7. Medical or scientific research or teaching
8. Licensing of substances and preparations listed in Schedules II and III
9. Disciplinary sanctions of Minister
10.Limitation of stocks
11.Safety measures
12.Import and export
13.Drugs in transit
14.Interference with dangerous drugs in transit
15.Diversion certificates
16.Free trade zones and free ports
17.Supply of drugs to an authorized person
18.Prescription of drugs by authorized persons
 19.Supply of drugs on prescription
20.Packaging and labelling
21.Possession of drugs
22.International carriers
23.Keeping of registers
24.Books of medical practitioner or pharmacist
25.Records
26.Retention of documents
27.Provisions applicable to Schedule IV substances (precursors)
28.Inspection

PART III –OFFENCES

29.Penalty for unlawful activities

30.Drug dealing offences
31.Detention for drug dealing
32. — Repealed by [Act No. 30 of 2008]
33.Precursors, materials and equipment
34.Unlawful use of drugs
35.Offering or selling for personal consumption
36.Facilitating or permitting drug offences
37.Making a false declaration
38.Incitement to drug offences and unlawful use
39.Money laundering
40.Driving while under the influence of a dangerous drug
41.Aggravating circumstances
42.Giving false statements or false evidence
43.Exemption and mitigation of penalties
44.Additional penalties
45. .— Repealed by [Act No. 9 of 2011]
45A.— Repealed by [Act No. 9 of 2011]
46.Burden of proof
47.Jurisdiction
48.Minimum penalty
49.Powers of entry and search
50.Issue of a search warrant and presumptions
51.Powers of seizure
52.Unlawful consignment by post
53.Body and luggage searches
54.Drugs concealed in the body
55.Controlled delivery
56.Powers of investigation
57.Arrest without warrant and detention
58.Conservation and sample-taking of dangerous drugs
59.Admissibility of certain evidence

PART IV – MISCELLANEOUS

60.Regulations
61.Repeals
62.Transitional provisions
63.Commencement

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
An Act
To consolidate the law relating to dangerous drugs and to make further and
better provision for the control of dangerous drugs, the treatment of addiction,
the prevention, detection and repression of drug trafficking, the prevention of
laundering of drug money in Mauritius, the sentencing of drug-traffickers,
seized assets of drug offenders to be vested in designated institutions,
restriction of bail and minimum penalties in respect of certain serious drug
offences and the punishment of persons making false statements in relation to
drug offences

ENACTED by the Parliament of Mauritius as follows –

PART I – PRELIMINARY

1. Short title

This Act may be cited as the Dangerous Drugs Act 2000.

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, a pharmacist, a dental

surgeon or a veterinary surgeon, in the exercise of his profession;

"Authority" means a body or person empowered to grant import and export

authorisation and diversion certificate 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, the 1971
Convention on Psychotropic Substances, and the 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 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;

“Customs Department” means the Customs Department of the Mauritius

Revenue Authority;

"customs officer" means an officer of the Customs Department;

"dangerous drug" means -

(a) any plant or part thereof or substance listed in Schedule I, II or III;

(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 Schedule 1,11 or III,
whenever their existence is possible;

(d) the salts esters of the drugs listed in Schedule I, II or III, 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
Schedule V;

"diversion certificate" means a certificate in the form prescribed, issued by the

Authority;

“document” includes –

(a) a book of account, a record, a bank statement, an invoice, a bill of

lading, a bill of entry, a contract, an agreement, a ledger or a register;

(b) any information or data stored on a mechanical or an electronic data

storage device, together with access to the technology, enabling
information in electronic form to be retrieved; and

(c) any matter written, expressed or described on any substance by means of

letters, figures or marks;

"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.

Amended by [Act No. 20 of 2011]

“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;

“Ministry” means the Ministry responsible for the subject of health;

"Permanent Secretary" means the Permanent Secretary of the Ministry of

Health 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 Schedule IV;

“preparation" means -

(a) a solution or mixture, in whatever physical state, containing a

dangerous drug;

(b) a dangerous drug in dosage form;

"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;

“prescribed" means prescribed by regulations made under section 60;

“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.

Amended by [Act No. 29 of 2003]; [Act No. 14 of 2009]; [Act No. 15 of

2021]
3. Classification of dangerous drugs

(1) Each of the dangerous drugs to which this Act applies is listed in either
Schedule I, II or III and different measures of control are specified in
this Act according to the classification so adopted, dependent upon the
degree of seriousness of the risk to public health of each such
dangerous drug and the presence or otherwise of a medical use for it.

(2) All substances used in the manufacture of narcotic drugs and

psychotropic substances as classified by the 1988 Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, or
otherwise, are included as precursors in Schedule IV.

(3) Plants and substances are included in the appropriate Schedule under
their respective international non-proprietary names, or, lacking such a
name, under their chemical names.

(4) Solid or liquid mixtures containing one or more substances governed

by this Act, when divided into dosage units, are deemed to be
preparations of dangerous drugs and subject to the same conditions as
the substances they contain and preparations containing 2 or more
Substances subject to different conditions shall be subject to those
conditions governing the most strictly controlled of their constituent
substances.

(5) The Minister may, by regulations under section 60, exempt

preparations containing a substance listed in Schedule II, III or IV from
such measure of control provided in this Act as may be specified in
those regulations, when he is satisfied that those preparations are so
compounded as to present no or no significant risk of abuse and that
the substance cannot be readily recovered from them in a quantity
sufficient to present such a risk.
 4. Reference to the Pharmacy Act

The substances listed in Schedules II and III and their preparations shall be
subject, in addition, to this Act, to the provisions of the Pharmacy Act 1983 to
the extent that such provisions are consistent with those contained in this Act.

4A. Agency cooperation

(1) Notwithstanding any other enactment, the Permanent Secretary

may, through an electronic system or in such other appropriate manner,
share with another public sector agency or statutory body, such information
as may be mutually agreed upon and which the public sector agency or
statutory body may require for the discharge of its functions in respect of –

(a) any substance listed in the First, Second, Third and Fourth
Schedules;

(b) the production, manufacture, or import or export

transactions in relation to any substance referred to in
paragraph (a);

(c) producers, manufacturers, importers or exporters;

(d) wholesalers, retailers, distributors or purchasers; or

(e) data or information which is required for the purpose of

enforcement.
(2) No public sector agency or statutory body shall disclose any
information obtained pursuant to subsection (1) to a third party.

Added by [Act No. 15 of 2021]

PART II-CONTROL OF DANGEROUS DRUGS

5. Cultivation

(1) No person shall cultivate the opium poppy, coca bush or cannabis
plant.
 (2) A police officer may uproot or otherwise destroy any opium poppy,
coca bush or cannabis plant found growing upon any land held or
occupied under any title whatever and may take and remove samples
for analysis and safe keeping as specified in section 58.

6. Prohibition of substances and preparations listed in Schedule I

Subject to section 7, no person shall at any time produce, manufacture, trade

by wholesale or retail, distribute, transport, possess, supply, transfer (free or
for payment), purchase, use, import, export or transit across Mauritius any of
the plants, substances and preparations listed in Schedule 1.

7. Medical or scientific research or teaching

(1) For the purposes of medical or scientific research or teaching or the

use of the forensic science services, the Permanent Secretary may
authorize a person to cultivate, produce, manufacture, acquire, import,
use or hold plants, substances and preparations listed in Schedules I, II
and III in quantities not exceeding those strictly required for the
purpose in question.

(2) Any person authorised under subsection (1) shall keep a register in
which he shall enter -

(a) the quantities of listed plants, substances, preparations which

he respectively imports, acquires, manufactures and destroys;

(b) the date or dates of each such operation, together with the
names of his respective suppliers.

(3) Any person so authorised shall furnish the Permanent Secretary with
an annual report as to the quantities which he has used or destroyed
during the preceding year and the quantities which he holds in stock.
 (4) Every register maintained under subsection (2) shall be so maintained
for a period of 5 years following the making of the last entry therein.

8. Licensing of substances and preparations listed in Schedules II and III

(1) Subject to subsection (2), no person shall cultivate, produce,

manufacture, trade by wholesale or retail, distribute, or use any of the
plants, substances and preparations listed in Schedules II and III
unless he is expressly licensed for that purpose, and no person shall
do so at any establishment or on any premises not expressly licensed
for that purpose.

(2) Subsection (1) shall not apply to State owned enterprises specially
authorised in writing by the Minister or to their employees acting in that
capacity.

(3) (a) Any person who wishes to engage in the operations mentioned
in subsection (1), shall make an application on the prescribed
form to the Permanent Secretary.

(b) The Permanent Secretary shall, on receipt of an application,

verify the character and professional qualifications of the
applicant and, of any person responsible for carrying out the
obligations laid down in this Act and in the licence and may,
subject to subsections (2) and (6), grant the licence.

(c) A licence issued under this subsection shall indicate the

substances and preparations involved in the authorized activity,
the quantities that may be involved, the form of bookkeeping
required, and all other obligations which the licensee must fulfill.

(4) (a) Any person who wishes to use all or part of the establishments
and premises of licensed private enterprises or specially
authorized State enterprises for the production, manufacture,
 wholesale trading and distribution, international trading, or use
of the plants, substances and preparations listed in Schedules II
and III, shall make an application on the prescribed form to the
Permanent Secretary.

(b) The Permanent Secretary may, on receipt of an application and

after verifying that the establishments and premises, or parts
thereof to be used, comply with the security standards
established by the Ministry of Health, grant the licence.

(5) Every licence issued under this section shall indicate upon its face its
period of validity.

(6) The Permanent Secretary may revoke or suspend a licence for any
period not exceeding 6 months, in the event of irregularities in the
exercise of the authorized activity, of particular breaches of the
obligations laid down in the licence or of negligence on the part of the
staff, or if the relevant application for the licence contained an
inaccurate statement of fact.

(7) No licence shall be issued to any person convicted of an offence under

this Act and any licence purporting to be issued to such a person shall
be null and void.

(8) Where any person who has been issued with a licence under this
section is convicted of an offence under this Act, the Permanent
Secretary shall forthwith withdraw and cancel the licence.

(9) Where any person who has been issued with a licence under this
section is charged with an offence under this Act, the Permanent
Secretary may in his discretion, suspend the operation of the licence
until the final determination of the charge by a court of law.

9. Disciplinary sanctions of Minister – Amended by [Act No. 12 of 2019]

 (1) Where the Permanent Secretary has reason to suspect that an
authorised person is supplying to or prescribing for any person a
dangerous drug otherwise than is properly required or in excess of the
amount that is properly required for the medical or dental treatment of
that person or the veterinary treatment of an animal, he may,
notwithstanding any other provisions of this Act, refer the matter to the
appropriate disciplinary body.

(2) - (3) Repealed by [Act No. 12 of 2019]

(3) Where a matter is referred to the appropriate disciplinary body under subsection (1),
that matter shall be dealt, where it is in relation to a –

(a) dental surgeon, in accordance with the Dental Council

Act;

(b) medical practitioner, in accordance with the Medical

Council Act;

(c) pharmacist, in accordance with the Pharmacy Council

Act; or

(d) veterinary surgeon, in accordance with the Veterinary

Council Act.

(5) The appropriate disciplinary body shall, after having dealt with the matter
referred to in under subsection (1), make its recommendation to the
Minister.

(6) The Minister may, on the recommendation of the appropriate

disciplinary body -
 (a) withdraw the authority of the authorised person to supply,
procure or be in possession of any dangerous drugs; and

(b) direct that no prescription containing a dangerous drug shall be

issued by that authorised person.

(7) Notice of any withdrawal of authority or direction under subsection (6)

shall be published in the Gazette.

(8) In this subsection –

“appropriate disciplinary body” means –

(a) the Dental Council of Mauritius established under the Dental

Council Act;

(b) the Medical Council of Mauritius established under the Medical

Council Act;

(c) the Pharmacy Council of Mauritius established under the

Pharmacy Council Act;

(d) the Veterinary Council of Mauritius established under the

Veterinary Council Act.
Amended by [Act No. 12 of 2019]

10. Limitation on stocks

(7) Notice of any withdrawal of authority or direction under subsection (6)

shall be published in the Gazette.
 (1) On or before 31 December each year, the Permanent Secretary
shall, in the light of the prevailing market conditions, lay down
the maximum quantities of the various substances and
preparations that each licensed private enterprise and specially
authorised State owned enterprise under this Part may
manufacture or stock, during the following year, as required for
the normal conduct of its business.

(2) The Permanent Secretary may at any time alter the limits laid
down by him in accordance with subsection (1), and shall
promptly notify each licensee in writing of the limits applicable
to it under subsection (1) or, as the case may be, under this
subsection.

(3) The Permanent Secretary may, where he is satisfied that a

person authorized to stock a dangerous drug holds a quantity in
excess of his annual entitlement, requisition the surplus quantity
of the drug upon payment of an amount not less than the
amount paid to acquire the drug.

11. Safety measures

Every person authorised under this Act to hold dangerous drugs shall take
such safety measures as are necessary for the storage and transport of the
drugs, in order to prevent theft or any other form of diversion or loss.

12. Import and export

(1) Any person who exports or imports dangerous drugs shall apply for
separate authorisation from the Permanent Secretary on a standard
form established by the Commission on Narcotic Drugs of the United
Nations Economic and Social Council as specified in regulations made
under section 60.
(2) (a) An application for authorisation shall indicate-

(i) the nature of the operation envisaged;

(ii) the names and addresses of the importer and exporter

and, if known, those of the consignee;

(iii) the international non-proprietary name of each

substance or, failing this, the name of the substance in
the Schedules, the pharmaceutical form and, in the case
of a preparation, its name if it has one, the quantity of
each substance and preparation involved in the
operation, the period during which the operation shall
take place, the mode of transport or shipment to be
used, and the point of entry into, or of departure from,
Mauritius.

(b) The import certificate issued by the Government of the

importing country or territory shall be attached to every
application for export.

(3) (a) An import or export authorisation shall contain the same details
as the relevant application regarding the operation that it
permits.

(b) The import authorisation shall specify whether the import is to

be effected in a single consignment or may be effected in more
than one consignment.

(c) The export authorisation shall also indicate the number and
date of the import certificate, affirming that the import of the
substance or the preparation has been authorised.
(4) After an imported consignment has entered Mauritius or when the
period stipulated in the import authorisation has expired, the
Permanent Secretary shall send the export authorisation to the
Government of the exporting country or territory, with an endorsement
specifying the quantity of each plant, substance and preparation
actually imported.

(5) Every dangerous drug shall -

(a) on importation, be kept at a Government store at the risk and

expense of the importer;

(b) be delivered or taken from the Government store only on

production by and in the presence of the authorised person, of
a delivery permit signed by the Permanent Secretary in the form
prescribed.

(6) Any commercial document, such as an invoice, a cargo manifest or a

customs, transport or other shipping document, shall include the
names of the plants and substances listed in the Schedules, the names
of the preparations, if they have one, the quantities exported from
Mauritius or to be imported into it, and the name and address of the
exporter, the importer and, where available, the consignee.

(7) Any consignment entering or leaving Mauritius shall -

(a) be detained by the Customs authorities until the legitimacy of

the consignment is confirmed or until a court orders its
confiscation, where it is not accompanied by a proper export or
import authorisation and

(b) be seized where no export or import authorisation has been

granted.
13. Drugs in transit

(1) Subject to subsection (5), no person shall bring any dangerous drug to
Mauritius in transit, unless the dangerous drug is accompanied by valid
export and import authorisations.

(2) Where a dangerous drug in transit is accompanied by an export

authorisation or diversion certificate and the Permanent Secretary has
reasonable grounds to believe that the authorisation or certificate is
false or has been obtained by fraud or wilful misrepresentation of a
material particular, he may seize and detain the dangerous drug to
which the authorisation or certificate relates.

(3) The Permanent Secretary shall, on being satisfied that the export
authorisation or diversion certificate is valid, release any dangerous
drug detained under subsection (2).

(4) Where a dangerous drug brought in transit is landed or transhipped in

Mauritius, it shall remain under the control of the Permanent Secretary
and be kept in a Government store.

(5) Subsection (1) shall not apply to a dangerous drug in transit by post or
to any dangerous drug bona fide forming part of the medical stores of
any ship or aircraft.

14. Interference with dangerous drugs in transit

No person shall -

(a) cause a dangerous drum lawfully, in transit to be subjected to any

process which could alter its nature;

(b) wilfully open or break any package or container containing any

dangerous drug lawfully in transit,
 otherwise than in accordance with instructions issued by the Permanent
Secretary.

15. Diversion certificates

(1) The Permanent Secretary may, upon production to him of a valid

import authorisation issued by an Authority in the country to which it is
proposed to divert a dangerous drug, issue a diversion certificate in
respect of a dangerous drug in transit.

(2) A diversion certificate shall be in duplicate and –

(a) one copy shall accompany the dangerous drug when it is sent
from Mauritius; and
(b) the other copy shall be forwarded by the Permanent Secretary
to the Authority in the country to which the consignment has
been diverted.

(3) On the issue of a diversion certificate, any person holding the export
authorisation or diversion certificate accompanying the dangerous drug
on its arrival in Mauritius shall remit it to the Permanent Secretary who
shall return it to the Authority issuing it together with notice of the name
of the country to which the consignment has been diverted.

(4) No person shall, except under the authority of a diversion certificate

cause or procure any dangerous drug lawfully brought in transit to be
diverted to any destination other than that to which it was originally
consigned.

16. Free trade zones and free ports

 Notwithstanding the provisions of any other enactment, all free ports and free
trade zones shall be subject to the same control and supervision under the
provisions of this Act as other parts of Mauritius.

17. Supply of drugs to an authorised person

(1) Every authorised person who requires a supply of a dangerous drug

shall make an application to the supplier in a form approved by the
Permanent Secretary in triplicate.

(2) Where a supplier receives an application under subsection (1), he shall

-

(a) endorse the original and each copy with -

(i) a serial number corresponding to the relevant entry

made in the Prescriptions Book kept under the
Pharmacy Act 1983; and

(ii) a statement of the amount of any dangerous drug

actually supplied by him;

(b) deliver the original and a copy with the dangerous drug to the
recipient who shall complete both the original and the copy and
return the original to the supplier.

(3) Every original and every copy of an application furnished under this
section shall be -

(a) serially numbered for each year; and

(b) kept by the supplier and the recipient for inspection purpose.
 (4) No pharmacist shall dispense, prepare, supply or cause to be
dispensed, prepared or supplied any dangerous drug under a
prescription Issued by an authorised person in respect of whom a
direction has been given in accordance with section 9(6)(b).

18. Prescription of drugs by authorised persons

(1) Subject to subsection (3), an authorised person who prescribes a

dangerous drug shall –

(a) handwrite the prescription, date and sign it;

(b) give his name and address;

(c) give the name and address of the person for whom the
dangerous drug is prescribed, or, where it is given by a
veterinary surgeon, of the person to whom the dangerous drug
prescribed is to be delivered;

(d) where he is a dentist, write the words "FOR LOCAL DENTAL

TREATMENT ONLY", or where he is a veterinary surgeon,
write the words "FOR ANIMAL TREATMENT ONLY"; and

(e) specify in figures and words the total amount of the dangerous
drug to be supplied, or, where the dangerous drug is packed in
ampoules, either the total amount to be supplied or the total
amount intended to be administered or injected.

(2) No authorised person shall issue a prescription for the supply of a

dangerous drug to himself or for his own use.

(3) No authorised person shall, otherwise than on prescribed forms,

prescribe the dangerous drugs listed in Schedule II and such other
 dangerous drugs listed in Schedule III as may be specified in
regulations.

(4) No authorised person shall prescribe any dangerous drug-

(a) for a period of treatment exceeding 10 days -

(i) in the case of drugs listed in Schedule II; and

(ii) in the case of such of the drugs listed in Schedule III as

may be prescribed;

(b) for a period of treatment exceeding one month in the case of all
other dangerous drugs listed in Schedule III.

19. Supply of drugs on prescription

(1) No person shall supply a dangerous drug on prescription unless -

(a) the prescription complies with section 18;

(b) he has taken such reasonable steps as may be necessary to

ascertain that the prescription is genuine,

(c) the prescription is presented for dispensing not later than 7

days after the date of the prescription.

(2) No person shall supply a dangerous drug more than once on a

prescription.

(3) Every person dispensing a dangerous drug on prescription shall -

(a) at the time of dispensing, mark on the prescription the date on

which it is dispensed;
 (b) keep the prescription on the premises where the dangerous
drug prescribed has been dispensed;

(c) deliver to the person for whose use the dangerous drug was
supplied or to his agent a copy of the prescription bearing

(i) the serial number of the prescription;

(ii) the date on which the prescription was dispensed;
(iii) the stamp of the pharmacy; and

(d) forthwith notify the Permanent Secretary of any suspect

prescription, specifically as regards the quantity of dangerous
drugs prescribed and the repetition of any such prescriptions.

20. Packaging and labelling

(1) Subject to subsection (2), no person shall supply a dangerous drug

otherwise than in a container labelled -

(a) in the case of a powder, solution or ointment, with the total

quantity of the dangerous drug supplied and the percentage of
the dangerous drug contained in it;

(b) in the case of tablets and other articles, with the total quantity of
the dangerous drug contained in the tablet or article;

(c) in the case of substances and preparations listed in Schedule II,

a double red band.

(2) Subsection (1) shall not apply to a dangerous drug dispensed by, or on
the prescription of, a medical practitioner, dental surgeon or veterinary
surgeon.
 (3) The outer wrapping of parcels for consignment containing dangerous
drugs shall bear no information other than the names and addresses of
the sender and the consignee and shall be sealed with the sender's
mark.

21. Possession of drugs

(1) No person shall possess any dangerous drug unless he is authorised

to do so under this Act.

(2) A person shall be deemed to possess a dangerous drug if it is in his

custody or is held by another person subject to his control, or on his
behalf, or if it is in or upon enclosed premises or a vehicle, boat or
aircraft which is for the time being subject to his control.

(3) Subject to subsection (4), a person to whom a dangerous drug is

lawfully supplied, for his own use shall be deemed to be a person
authorised to possess the drug so supplied.

(4) Where a dangerous drug is supplied or prescribed by an authorised

person for a patient and is also being supplied to the same patient by
another authorised person, the patient shall not be deemed to be a
person authorised to be in possession of any of those dangerous drugs
unless the patient disclosed to the first-mentioned authorised person
that he was already being supplied with the dangerous drug by that
other authorised person.

(5) An authorised person, any person employed or engaged in dispensing

medicines at a hospital or any person in charge of any laboratory
attached to a college, hospital or other institution approved by the
Minister for purposes of research or instruction, may possess such
dangerous drugs so as may be necessary for the practice of his
profession or employment.
22. International carriers

The Minister may authorise ships, aircraft and other public transport
conveyances registered in Mauritius and engaged in international travel to
carry small quantities of medicines listed in Schedules II and III within the limits
required for the provision of first aid in emergency cases.

23. Keeping of registers

(1) Subject to section 24, every person who supplies a dangerous drug
shall -

(a) keep a register in which entries shall be made by him or by a

person under his control concerning every supply of a
dangerous drug purchased or otherwise obtained by him and
every transaction effected by him with respect to a dangerous
drug;

(b) make an entry in the register –

(i) in respect of a dangerous drug obtained by him, on the

day the dangerous drug is received;

(ii) in respect of any sale or supply by him of a dangerous

drug, on the day on which the transaction is effected;

(c) where he carries on business at more than one set of premises,

keep a separate register in respect of each set of premises;

(d) keep the register in the part of the premises to which it relates;

(e) make every entry in chronological sequence in ink;

 (f) make no correction of any entry otherwise than by a marginal
note or footnote initialled and dated by him, giving the
particulars of the correction;

(g) on or before 15 January in every year furnish the Permanent

Secretary with a statement in the prescribed form containing all
information respecting any dangerous drug delivered to him or
obtained from him and the stock of dangerous drugs during the
preceding year; and

(h) on request, give to the Permanent Secretary such particulars of

his stock of dangerous drugs or of any transaction involving a
dangerous drug as the Permanent Secretary may require.

(2) A register kept under subsection (1) shall –

(a) be in the prescribed form;

(b) have every page numbered serially.

(3) No entry in a register shall be cancelled, obliterated or altered.

(4) Every entry made under subsection (1) shall be expressed -

(a) in the case of a solid, in grammes;

(b) in the case of a powder, solution or ointment, in terms of the

total quantity of the dangerous drugs supplied and the
percentage of the dangerous drug contained in it;

(c) in the case of tablets and other articles, in terms of the total
quantity of the dangerous drugs contained in the tablet or
article; and
 (d) in the case of a liquid, in millilitres.

(5) A separate register may, with the approval of the Permanent Secretary,
be kept for each branch of any business relating to the sale and supply
of dangerous drugs.

24. Books of medical practitioner or pharmacist

(1) Section 23 shall not apply to -

(a) a medical practitioner who enters -

(i) in a day book particulars of every dangerous drug

obtained by him and of every dangerous drug supplied
by him together with the name and address of the
person to whom and the date on which the dangerous
drug is supplied; and

(ii) on the same date as the entry in the day book, in a

separate book particulars of any dangerous drug
obtained by him and a reference for easy identification
of each entry in the day book which relates to the supply
of a dangerous drug;

(b) a pharmacist retailing poisons who on the same date as he

makes an entry in the poisons register kept by him under the
Pharmacy Act, l983 enters in a day book kept for the purpose,
particulars of every dangerous drug supplied by him and a
reference for easy identification of each corresponding entry in
the Poisons Register.

(2) Every reference made in a separate book under subsection (1) shall be
in chronological order and the book shall be divided into separate parts
 relating to each category of dangerous drugs and shall be used only for
the purposes of subsection (1).

(3) Every entry in a day book or separate book under this section shall he
made -

(a) on the same day and in the same manner as an entry would
otherwise have been made in the register kept under section
23; and

(b) in chronological order in ink,

(4) No entry made under this section shall be cancelled, obliterated or

altered.

25. Records

(1) Every register kept under section 23, every separate book or day book
kept under section 24, and every Poisons Register containing an entry
to which reference is made in the separate book, shall -

(a) be kept on the premises to which such register or book relates

or where the prescription was dispensed; and

(b) be available for inspection at all times.

(2) Every person who supplies dangerous drugs shall, on 30 June and 31
December in every year -

(a) check his stock of dangerous drugs and balance each register
kept under section 23 ; and

(b) forthwith report to the Permanent Secretary any discrepancy

found to exist as a result of such check.
 (3)(a) A specified person shall, electronically or in such manner as the
Permanent Secretary may determine, enter any transaction of substances
into a register.

(b) The entry under paragraph (a) shall indicate –

(i) the date of the transaction;

(ii) the name and the quantity of the product transacted;
(iii) the name of the medical practitioner, purchaser and
the vendor, as the case may be; and
(iv) such other information as may be required.

(c) In this section –

“person” –
(i) in respect of a transaction for a dangerous drug listed
in the Second, Third and Fifth Schedules, means a
pharmacist; or

(ii) in respect of a substance listed in the Fourth Schedule,

means a manufacturer, an importer, an exporter, a
wholesaler and a retailer.

Amended by [Act No. 15 of 2021]

26. Retention of documents

Every document required to be obtained or kept under this Act shall be

preserved -

(a) in the case of a register, book or other like record, for 5 years from the
date on which the last entry is made in it; and

(b) in the case of any other document, for 5 years from the date on which it
is issued or made.

27. Provisions applicable to Schedule IV substances (precursors)

(1) The manufacture, retail trading or distribution, and international trading
of substances listed in Schedule IV shall be subject to the provisions of
sections 8 and 12.

(2) An export or import authorization shall not be granted for a substance

listed in Schedule IV if there are reasonable grounds to suspect that
the consignment is destined for the illicit manufacture of dangerous
drugs.

(3) For the purpose of this section, every manufacturer, importer, exporter,
wholesaler or retailer shall, in respect of any acquisition, transfer or sale
of substances listed in the Fourth Schedule, record, in the register,
without blank spaces, erasures or overwriting, so as to indicate the date
of the operation, the name and the quantity of the product acquired,
transferred or sold, and the name, address and profession of both the
purchaser and the vendor.

(4) The registers maintained under this section shall be kept for 5 years
after the last entry, for presentation, whenever requested, to the
Permanent Secretary.

(5) Any manufacturer, importer, exporter, wholesaler and retailer shall

forthwith notify the Permanent Secretary of any suspect orders and
operations, specifically as regards the quantity of the substance
purchased or ordered, the repetition of such orders and purchases, or
the modes of payment or transport used in connection therewith.

(6) Where there is serious ground to warrant the suspicion that a

substance listed in Schedule IV is to be used in the unlawful
manufacture of a dangerous drug, any police officer or customs officer
acting upon the written authority of the Permanent Secretary may
forthwith seize and impound that substance and may detain it until a
competent court gives further directions as to its disposition.
 Amended by [Act No. 15 of 2021]

28. Inspection

(1) Any person or establishment licensed under this Act shall be subject to
inspections carried out, at least every 2 years, in accordance with the
provisions of the Pharmacy Act 1983.

(2) Notwithstanding any other enactment and subject to section

27(5), an inspection may be carried out by any officer of the
Ministry, a police officer, a customs officer and such other person as
the Permanent Secretary may determine.

Amended by [Act No. 15 of 2021]

PART III – OFFENCES

29. Penalty for unlawful activities

(1) Any person who -

(a) contravenes any provision of Part 11; or

(b) obstructs a public officer carrying out his functions under this
Act,

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.

(2) Any person who -

(a) in Mauritius aids, abets, counsels or procures the commission

in any place outside Mauritius of an offence, which if committed
 in Mauritius would be an offence against this Act and which is
punishable under any corresponding law in force in that place;

(b) in any place outside Mauritius does any act preparatory to or in

furtherance of the commission in Mauritius of an offence
against this Act,

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.

Amended by [Act No. 30 of 2008]

30. Drug dealing offences

(1) Any person who unlawfully -

(a) organizes, manages, or finances any of the offences specified

in this section;

(b) imports, exports, causes to be imported or exported, aids,

abets, counsels or procures the importation or exportation of
any dangerous drug;

(c) produces, manufactures, extracts, prepares or transforms any

dangerous drug;

(d) offers, offers for sale, distributes, sells, brokers, delivers or

transports on any terms whatsoever, dispatches, or dispatches
in transit any dangerous drug;

(e) cultivates opium poppy, coca bush or cannabis plant;

 (f) possesses, purchases or offers to purchase any dangerous
drug for the purpose of any activity in this section,

shall commit an offence and shall, on conviction, be liable –

(i) where the offence is in respect of a dangerous drug specified in

Part I of Schedule I, Schedule II or Schedule III, to a fine not exceeding
one million rupees and to penal servitude for a term not exceeding 25
years;

(ii) where the offence is in respect of a dangerous drug specified in

Part II of Schedule I, to a fine not exceeding one million rupees
together with penal servitude for a term which shall not be less
than 5 years and not more than 25 years.

(2) Nothing in this section shall render unlawful the act of a police officer,
in the execution of his duty for the detection of offences, in offering to
buy any dangerous drug.

(3) Where on the trial of a person charged with an offence under

subsection (1)(f), it is proved that the possession, purchase or offer to
purchase, as the case may be, was not for the purpose of any of the
activity specified in subsection (1), he shall not by reason thereof be
acquitted but the Court may find such person guilty of an offence of
possession, purchase or offer to purchase, as the case may be, under
section 34(1)(b).

Added by [Act No. 29 of 2003]; [Act No. 30 of 2008]

31. Detention for drug dealing

(1) Where any person is arrested under reasonable suspicion of having

committed any offence under section 30, 33, 35, 36, 38 or 39,a police
 officer not below the rank of superintendent of police may, subject to
this section, direct that the person arrested be detained in police
custody for a period not exceeding 36 hours from his arrest, without
having access to any person other than a police officer not below the
rank of Inspector or a Government Medical Officer and, in any such
case, that person shall be detained accordingly.

(2) No direction under subsection (1), shall be issued unless the police
officer has reasonable grounds to believe that giving access to any
person other than the police officer not below the rank of Inspector or
the Government Medical Officer specified in that subsection-

(a) will lead to interference with or harm to evidence connected

with an offence under section 30 or 39 or interference with or
physical injury to other persons; or

(b) will lead to the alerting of other persons suspected of having

committed such an offence but not yet arrested for it; or

(c) will hinder the recovery of property obtained as a result of such

an offence; or

(d) will hinder the recovery of the value of the detained person's
proceeds of drug trafficking.

(3) As soon as a direction is issued under subsection (1), the person

detained shall be informed that he may, if he so wishes, be examined
by a Government Medical Officer.

(4) A custody record containing the information specified in Schedule VI to

this Act shall be kept in respect of any person detained pursuant to the
powers conferred by this section.
 (5) A video recording shall be kept in the manner, specified in Schedule VII
to this Act in respect of any person detained pursuant to the powers
conferred by this section.

(6) A video recording under this section shall, notwithstanding the common
law rule against hearsay, be admissible in evidence in the course of
any judicial proceedings to the same extent and in the same manner as
documentary evidence would be admissible.

(7) In this section, "video recording" includes the recording of visual

images or sound by electronic or other technological means.

32. Repealed by [Act No. 30 of 2008]

33. Precursors, materials and equipments

Any person who unlawfully produces, manufactures, imports, exports,

transports, offers, sells, distributes, delivers on any terms whatsoever,
consigns, dispatches, purchases or offers to purchase or holds precursors,
equipment or materials -

(a) for the purpose of using them in or for the unlawful cultivation,
production or manufacture of dangerous drugs; or

(b) knowing that the precursors, equipment and materials are to be used
for any of the purposes specified in paragraph (a),

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.
Amended by [Act No. 30 of 2008]
``

34. Unlawful use of drugs

(1) Any person who unlawfully –

(a) smokes, inhales, sniffs, consumes or administers to

himself or any other person, in any way whatsoever, any
dangerous drug;

(b) possesses, purchases, offer to purchase or transports

any dangerous drug;

(c) has in his possession any pipe, syringe, utensil,

apparatus or other article for use in connection with
smoking, inhaling sniffing, consuming or the
administration of any dangerous drug,

shall commit an offence and shall, on conviction, and subject to

subsections (2) and (5), be liable to a fine not exceeding 50,000
rupees and to imprisonment for a term not exceeding 2 years.

(2) Subject to subsection (5), before passing a sentence of

imprisonment under subsection (1), the Court, where it
considers this to be appropriate, explain to the convicted person
that, if he undertakes to co-operate in order to be cured of his
addiction, the Court, instead of sentencing him to imprisonment,
may order him to undergo, at such institution as may be
prescribed and for such period not exceeding 3 years as the
Court may determine, such treatment, education, after care,
rehabilitation or social reintegration as the Court thinks
appropriate and if he so undertakes, the Court may order
accordingly.
 (3) (a) Where the Court is satisfied that an order made under
subsection (2) has been complied with, the Court shall
discharge the offender.

(b) Where a person fails to comply with an order made by

the Court under subsection (2), he shall commit an
offence and shall be liable to a fine which shall not
exceed 10,000 rupees and to imprisonment for a term
which shall not exceed one year.

(4) The person in charge of the relevant institution prescribed for

the purposes of subsection (2) shall notify a police officer
attached to the Anti Drug and Smuggling Unit of any persistent
failure by any person subject to an order under subsection (2)
to comply with the terms of that order.

(5) Notwithstanding subsection (2), a person convicted of an

offence under subsection (1)(b) and found to have purchased,
offer to purchase, transported or been in possession of any
dangerous drugs -

(a) listed in Part I of Schedule I, Schedule II or Schedule III

the street value of which is 5,000 rupees or more; or

(b) listed in Part II of Schedule I, the street value of which is

10,000 rupees or more,

shall be liable to double the maximum penalties specified in

respect of that offence under subsection (1).

Amended by [Act No. 29 of 2003]; [Act No. 30 of 2008]

35. Offering or selling for personal consumption

 (1) Any person who unlawfully offers, offers to buy, sells, offers to sell,
distributes or offers to distribute any dangerous drug to a person for his
personal consumption 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.

(2) Nothing in this section shall render unlawful the act of a police officer in
the execution of his duty for the detection of offences, in offering to buy
any dangerous drug.
Amended by [Act No. 30 of 2008]

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 halt 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.
Amended by [Act No. 30 of 2008]

37. Making a false declaration

Any person who for the purposes of obtaining for himself or for any person the
issue, grant or renewal under this Act of a permit, licence, certificate or
authorisation or for any other purpose relevant to this Act –
 (a) knowingly or recklessly makes a declaration or statement which is false
or misleading in any material particular; or

(b) knowingly utters, produces or makes use of any such declaration or

statement or any document containing the same,

shall commit an offence and shall, on conviction, be liable to a fine not

exceeding 100,000 rupees and to imprisonment for a term not exceeding 10
years.
Amended by [Act No. 30 of 2008]

38. Incitement to drug offences and unlawful use

Any person who unlawfully -

(a) by any means whatsoever, directly or indirectly incites others to commit

any of the offences specified in this Act, even when such incitement is
without effect;

(b) by any means whatsoever, directly or indirectly incites others to make

unlawful use of dangerous drugs or of substances presented as having
the effects of such drugs,

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.
Amended by [Act No. 30 of 2008]

39. Money laundering

(1) Every person who unlawfully –

(a) acquires, possesses, uses, converts or transfers goods,

resources or rights thereto derived or realised, in whole or in
part, directly or indirectly, from any offence under this Act;
 (b) conceals or disguises the genuine nature, origin, location,
disposition, movement or ownership of the goods, resources or
rights thereto derived or realised, in whole or in part, directly or
indirectly, from any offence under this Act,

where he suspects or has reasonable grounds for suspecting that the

goods, resources or rights thereto are derived or realised, in whole or
in part, directly or indirectly, from any offence under this Act, shall
commit an offence and shall, on conviction, be liable to a fine not
exceeding one million rupees and to imprisonment for a term not
exceeding 20 years.

(2) A person may be convicted for an offence under this section

notwithstanding the absence of a conviction in respect of an offence
under this Act, which generated the goods, resources or rights thereto
alleged to have been laundered.

(3) In this section, “goods” or “resources” includes possessions.

Amended by [Act No. 14 of 2009]

40. Driving while under the influence of a dangerous drug

(1) Any person who drives a motor-powered land vehicle, steers a motor-
powered marine craft or flies a motor-powered aircraft while under the
influence of a dangerous drug which he has used in an unlawful
manner, shall commit an offence and shall, on conviction, be liable to a
fine not exceeding 10,000 rupees or to a term of imprisonment not
exceeding 5 years.

(2) Where an offence under subsection (1) results in death of or serious

injury to any other person, the person convicted thereof shall be liable
to double the maximum penalties specified in subsection (1).
 (3) Any person who refuses to submit to such detection tests and
verification procedures as may be prescribed in respect of any offence
under subsection (1), shall commit an offence and shall, on conviction,
be liable to the same penalties as those specified in subsection (1) or
(2).

41. Aggravating circumstances

(1) For the purposes of this section, aggravating circumstances shall be

deemed to exist whenever -

(a) the offender belongs to a criminal organisation or ring;

(b) he participated in other unlawful activities facilitated by

commission of the offence;

(c) he used violence or a weapon in its commission;

(d) he held public office and committed the offence in the purported
exercise of that office;

(e) he was a medical practitioner, nurse, dental surgeon, veterinary

surgeon or a person responsible for combatting the abuse of or
traffic in dangerous drugs;

(f) another person under the age of 18 years was concerned in the
offence;

(g) the drug was offered or delivered to a person under the age of
18 years or to a mentally handicapped person, or a person
undergoing treatment involving withdrawal from drug abuse;
 (h) the drugs delivered caused death or serious injury to health of
some person;

(i) the offence was committed in a penal institution, a police

establishment, a school, university or teaching institution, a
hospital or clinic, a place of resort used by school children or
students for social or recreational, purposes or in the immediate
vicinity of any such institution, establishment or place;

(j) the offender mixed with the drugs additional substances which
aggravated their dangers to health;

(k) the offender was previously convicted, either in Mauritius or

elsewhere, of an offence connected with dangerous drugs.

(2) Any person who is convicted of an offence under section 29(2),30,

33 ,34 35, 36, 37, 38 or 39 inclusive shall, if aggravating circumstances
exist, be liable to double the penalties specified in respect of that
offence.
Amended by [Act No. 36 of 2008]

(3) Notwithstanding subsection (2), any person convicted of an offence

under section 29(2) or 30 shall be sentenced to a fine not exceeding 2
million rupees together with penal servitude for a term not exceeding
60 years where it is averred and proved that, having regard to all the
circumstances of the case, the person was a drug trafficker.

(4) Without prejudice to the generality of subsection (3), a person shall be

deemed to be a drug trafficker where the street value of the drugs, the
subject-matter of the offence, exceeds one million rupees or such other
value as may be prescribed.

Amended by [Act No. 6 of 2007]; [Act No. 30 of 2008], [Act No. 36 of 2008]
42. Giving false statements or false evidence

(1) Any person who, in connection with any drug offence or for any other
purpose relevant to this Act -

(a) knowingly or recklessly makes A declaration or statement which

is false or misleading;

(b) knowingly produces or makes use of any declaration or

document which is false or misleading;

(c) causes a person, whether directly or indirectly, to make a

declaration or statement which is wholly or partly false or
misleading;

(d) causes a person to alter the content of a previous statement or

declaration with a view to avoiding the prosecution of another
person,

shall commit an offence.

(2) Any person who, in relation to a drug offence -

(a) gives false or misleading evidence in court;

(b) causes threats or inducement, or persuades or influences, any

witness to give false or misleading evidence in court,

shall commit an offence.

(3) Any person who, whether personally or through another person and in
relation to a drug offence, threatens or interferes with a witness or any
other person related to the witness, shall commit an offence.
 (4) Any person convicted of an offence under subsection (1), (2), or (3)
shall be liable to a fine of not less than 10,000 rupees and not
exceeding 100,000 rupees together with a term of imprisonment of not
less than 2 years and not more than 10 years.

43. Exemption and mitigation of penalties

(1) Any person who has been convicted of a conspiracy to commit any of
the offences under section 29(2), 30, 33, 34, 35, 36, 37, 38, or 39 shall
be exempted from penalty and absolutely discharged if, having
revealed the conspiracy to the police or to a Court, he has made it
possible to prevent the commission of the offence and to identify the
other persons involved in the conspiracy.

(2) Notwithstanding section 41, the penalty incurred by any person

convicted of an offence under that section shall be reduced in such
manner as the court thinks just where that person has, before any
proceedings, made possible or facilitated the identification of the other
guilty persons, or who, after the commencement of proceedings, has
made possible or facilitated the arrest of such persons.
Amended by [Act No. 30 of 2008]

44. Additional penalties

A court which convicts any person of an offence under section 40 may, in

addition to any penalty prescribed by that section

(a) in the case of a convicted person who is not deemed to belong to

Mauritius under the Deportation Act, recommend to the Minister
responsible for internal security that he be deported from Mauritius and
that Minister may in any such case, without further enquiry, make a
deportation order in his case under that Act;
 (b) order that the convicted person be prohibited, for any period not
exceeding 10 years after his release from any term of imprisonment
imposed upon him, from driving any motor-powered land vehicle,
steering any motor-powered marine craft or flying any motor-powered
aircraft and, in any such case, direct that any relevant licence or permit
issued to the convicted person be impounded or suspended.

45. Repealed by [Act No. 9 of 2011]

Amended by [Act No. 29 of 2003]; [Act No. 30 of 2008]; [Act No. 14 of 2009]

45A. Repealed by [Act No. 9 of 2011]

Amended by [Act No. 29 of 2003]

46. Burden of proof

Notwithstanding any other enactment, where in any proceedings for an

offence under this Act, a question arises as to whether any person was
or was not authorised to be in possession of any dangerous drug, the
burden of proof that such a person was authorised to be in possession
of such drug, shall lie on that person.

47. Jurisdiction

(1) Subject to subsection (2), a prosecution for an offence under this Act
shall take place, at the sole discretion of the Director of Public
Prosecutions, before a Judge without a jury, the Intermediate Court, or
the District Court.
(2) A prosecution for an offence under sections 30, 39 in so far as it relates
to the financing of the offences specified in that section and 41 (3) shall
take place before a Judge without a jury where it is averred that the
accused person is a drug trafficker.

(3) Notwithstanding any other enactment, the Intermediate Court shall

have -

(a) Jurisdiction to inflict any fine provided under this Act or

imprisonment for a term not exceeding 20 years;

(b) power to order sentences of imprisonment imposed under this

Act to be served consecutively provided that the terms of such
sentences shall not in the aggregate exceed 30 years.

(4) Sections 151, 152, 153 and 197 of the Criminal Procedure Act,
sections 50 and 51 of the Reform Institutions Act 1988 and the
Probation of Offenders Act shall not apply to a conviction for an offence
under any of the provisions of this Act other than section 34..

(5) The Court before which a person is convicted of an offence -

(a) shall, in addition to any penalty imposed by the Court, and

subject to any order made under the Asset Recovery Act or
under section 16 of the Good Governance and Integrity
Reporting Act, order any dangerous drug or any article, utensil
or any instrument in respect or by means of which the offence
was committed or any money obtained from the commission of
the offence to be forfeited;

(a) may, in addition to any penalty imposed by the Court, order any
vehicle or other conveyance used in the unlawful transport or
distribution of any dangerous drug to be forfeited;
 (b) may, in addition to any penalty imposed by the Court, upon the
production of a certificate under the hand of the Commissioner
of Police, stating that a specified quantity of drugs is required in
order to be used for the purpose of training sniffer dogs, order

that such quantity from the dangerous drugs forfeited under

paragraph (a) shall be so used.

Amended by [ Act No. 29 of 2003]; [Act No. 20 of 2004]; [Act No. 6

of 2007]; [Act No. 5 of 2020]; [Act No. 15 of 2021]

48. Minimum penalty

Where a Court convicts a person of an offence under sections 33, 35, 36, 38
or 39, it shall, notwithstanding the other provisions of this Act but subject to the
maximum penalty specified in respect of any such offence inflict a fine of not
less than 10,000 rupees together with imprisonment for a term of not less than
12 months.
Amended by [Act No. 30 of 2008]

49. Powers of entry and search

The Permanent Secretary, or any police officer not below the rank of inspector
of police authorised by the Commissioner of Police may, for the purposes of
this Act -

(a) enter the premises of any authorised person or of any person carrying
on the business of a producer, manufacturer, seller or distributor of any
dangerous drug;

(b) require the production of and inspect any book or document required to
be kept under this Act or any regulations made under section 60;
 (c) inspect any stock of any dangerous drug.

50. Issue of a search warrant and presumptions

(1) Where a Magistrate is satisfied by information on oath that there is

reasonable ground for suspecting that an offence has been or may be
committed against this Act, he may grant a search warrant authorising
any police officer named in the warrant, at any time, within one month
from the date of the warrant, to enter, with assistants and if need be by
force, the premises named in the warrant and to search them and any
person found there and, if there is reasonable ground for suspecting
that an offence against this Act has been committed, to seize any drug,
pipe, utensil,, article or related thing found on the premises or in the
possession of any such person.

(2) Where upon entry into any premises under subsection (1) it is found
that such premises are equipped with such unusual or unusually
numerous contrivances or means as are calculated to prevent or
obstruct an entry or to enable persons therein to observe or ascertain
the approach of any person, or to give alarm or facilitate escape from
such premises, or if all doors, windows and means of entry are so
bolted or obstructed that, even with the use of force, access to the
premises is abnormally delayed, it shall be presumed, until the contrary
is proved, that the premises are used for the smoking, inhaling, sniffing
or consumption of dangerous drugs and that the occupier, if any, of
those premises has facilitated such use.

(3) Where upon entry into any premises under subsection (1)-

(a) any dangerous drug or any pipe, utensil or thing for use in
connection with the smoking, inhaling, sniffing or consumption
of dangerous drugs is found therein;
 (b) any person is seen to escape from those premises on the
approach or entry of a police officer; or

(c) any person having authority under the search warrant to enter
such premises is unlawfully prevented from or obstructed or
delayed in entering or approaching such premises,

it shall be presumed, until the contrary is proved, that the premises are
used for the smoking, inhaling, sniffing or consumption of dangerous
drugs.

51. Powers of seizure

(1) Where any person is arrested either in pursuance of a warrant for his
arrest or of the powers conferred by section 57, any police officer or
customs officer may seize and detain any plant or substance
reasonably suspected by him to be a dangerous drug and found in the
possession of the arrested person or in such circumstances that it may
reasonably be inferred that the arrested person was in possession of it
shortly before his arrest.

(2) The powers of seizure and detention conferred by subsection (1) shall
also extend to any materials, equipment, devices and other movables
fit and intended for use in connection with the commission of the
offence for which the person is arrested or reasonably suspected of
having been used in its commission and which may be found in the
possession of the arrested person or in the circumstances mentioned
in that subsection.

(3) Any dangerous drug seized in pursuance of this subsection shall be

dealt with in accordance with section 58.

52. Unlawful consignments by post

 (1) Where a magistrate is satisfied by information on oath that there is
reasonable ground to suspect that an unlawful consignment of dangerous
drugs is being forwarded through postal services, he may grant a warrant
authorising any police officer or customs officer to carry out, at any time,
inspections in the postal services in order to detect that consignment and
whenever such inspections disclose a reasonable suspicion that a particular
postal package is in fact such a consignment, a police officer or customs
officer may proceed to open and detain the consignment for further
investigation.

(2) Deleted by [Act No. 15 of 2021]

Amended by [Act No. 17 of 2007]; [Act No. 15 of 2021]

53. Body and luggage searches

(1) Subject to subsection (2), any police officer or customs officer may at
any point of entry into Mauritius carry out body searches and searches
of luggage whenever he has reason to suspect that a person seeking
to enter Mauritius may be concerned in the commission of an offence
against this Act.

(2) No woman shall be subjected to body search except by a woman

police officer, woman customs officer or a police wardress.

54. Drugs concealed in the body.

(1) Where a Magistrate is satisfied by information on oath from a police

officer not below the rank of superintendent of police that a person is
reasonably suspected of having concealed any dangerous drug inside
his body, he may make an order for that person to be submitted to -

(a) such medical examination including X-ray or other tests as may

be necessary to detect the substance; and
 (b) such medical treatment as may be considered appropriate in
the circumstances.

(2) The medical practitioner who conducts any examination under

subsection (1)(a) shall forthwith submit an official report thereon to the
police officer.

(3) Any person who refuses to submit to such a medical examination shall
commit an offence and shall on conviction be liable to a fine not
exceeding 100,000 rupees and to imprisonment for a term not
exceeding 10 years.

Amended by [Act No. 30 of 2008]

55. Controlled delivery

(1) A police officer not below the rank of superintendent of police may
authorise the passage or entry into Mauritius of any consignment of
dangerous drugs suspected of being dispatched with a view to the
commission of an offence under this Act, for the purpose of identifying
the persons involved in the commission of such an offence.

(2) The police officer may if he thinks fit, cause the consignment to be
lawfully intercepted and allowed to proceed upon its way either intact or
after seizure of the dangerous drugs contained therein and may also
direct their replacement by substances other than dangerous drugs.

(3) The exercise of any of the powers contained in this section shall afford
no defence to any person charged with an offence under section 30 or
with conspiracy to commit any such offence.

56. Powers of investigation

 (1) Where a Judge in Chambers is satisfied by information on oath that
there is reasonable ground to suspect that an offence under sections
30, 33, 35, 36 or 39 has been or is likely to be committed, he may issue
a warrant authorising, any police officer to -

(a) tap or place under surveillance, for a period not exceeding 6

months, the telephone lines used by persons suspected of
participation in any of those offences;

(b) have access to the computer systems used by persons

suspected of participation in any of the offences referred to and
place them under surveillance;

(c) place a bank account under surveillance when it is suspected of

being used for operations related to any of the offences referred
to;

(d) have access to all bank, financial and commercial records that
may reasonably concern transactions related to any of those
offences.

(2) Notwithstanding any other enactment, no person shall, on grounds of

professional secrecy or otherwise refuse to comply with the
requirements of a warrant issued under subsection (1).

57. Arrest without warrant and detention

Any police, forest or customs officer may, without warrant arrest any person
who has committed or attempted to commit, or is reasonably suspected by any
such officer of having committed or attempted to commit an offence under this
Act, where that officer has reasonable grounds for believing that the person
will abscond unless arrested or where the name and address of that person
are unknown and cannot be readily ascertained.
58. Conservation and sample-taking of dangerous drugs

(1) (a) Any person who effects a seizure under section 5 or 51 shall -

(i) as soon as they are discovered, place any drugs under

seal in the presence of the accused, or if that is
impossible, in the presence of 2 witnesses;

(ii) secure the drugs and other items of evidentiary value in

such manner as to prevent their fraudulent removal;

(iii) number each sealed item and keep it in a place of safety

in police custody;

(iv) write on its wrapping or on a label affixed thereon, the

description of the dangerous drugs that it contains,
together with an indication of their nature and weight, as
well as, where appropriate, the number of the packages
in which the dangerous drugs are contained.

(b) Any such person shall immediately draw up and sign a written
report which shall -

(i) mention the date, place and circumstances of the

discovery,

(ii) describe the dangerous drugs seized;

(iii) specify their weight;

(iv) give the number of evidentiary items prepared; and

(v) state the place at which the evidentiary items will be

deposited.
 (c) The items of evidentiary value shall be stored in appropriate
conditions for the prevention of theft and other forms of
misappropriation, as well as of accident at deterioration.

(d) Any subsequent movement of the evidentiary items shall

require the preparation of a written report describing it,
specifying its purpose and stating either that the evidentiary
items and wrappings are unbroken and that their number
corresponds to that indicated in the report on the seizure, or
that evidentiary items have disappeared or deteriorated and the
changes that they have undergone.

(2) If the police officer in charge of an investigation requires the report of

an expert in order to determine the nature, composition and content of
active principles in any dangerous drugs seized, he shall obtain it as
soon as possible after the seizure in order to limit the risks of physical
or chemical alteration.

(3) (a) Any dangerous drugs and other items of evidentiary value
seized shall be kept in a place of safety in police custody until
they are produced in Court.

(b) Where the dangerous drugs seized are not the subject matter of
any prosecution, they shall be destroyed forthwith.

(c) The police officer in charge of carrying out the destruction shall
certify in a written report that the dangerous drugs have been
destroyed.

59. Admissibility of certain evidence

Notwithstanding any other enactment, it shall be competent for any

police officer who is or has recently been attached for duty to the Anti
 Drug and Smuggling Unit to give evidence in any Court upon a
prosecution for an offence under this Act as to the street value in
Mauritius of any dangerous drug and as to the demand for, availability
of and other circumstances pertaining to its sale and distribution and
the court may, if it thinks fit act upon that evidence.

PART V – MISCELLANEOUS

60. Regulations

(1) The Minister may make such regulations as he thinks fit for the
purposes of this Act.

(2) Regulations made under this Act may provide for the -

(a) prescribing of anything which by this Act may be or is to be

prescribed;

(b) amendment of the Schedules;

(c) conferment of exemptions from measures of control as provided

by section 3 (5);

(d) levying of fees and the issuing of licences.

61. Repeals

The following enactments are repealed –

(a) the Dangerous Drugs Act 1986;

(b) the Psychotropic Substances Act; and

(c) the Dangerous Drugs Act 1995.

 62. Transitional provisions

(1) All proceedings in respect of offences committed or alleged to have

been committed against an enactment repealed by this Act may be
commenced or continued as if this Act has not come into operation.

(2) Any certificate, licence, permit or authorisation issued under any

enactment repealed by this Act shall remain valid for the period for
which the certificate, licence, permit or authorisation was issued.

(3) Any order, application or report made under section 39 of the

Dangerous Drugs Act 1986 shall be deemed to have been made under
section 45 of this Act and shall be dealt with in accordance with this Act
as if the order, application or report was made under this Act.

63. Commencement

Proclaimed by [Proclamation No. 26 of 2001] w.e.f 5th December 2001

---------------------------------------------------------

FIRST SCHEDULE

(sections 2, 3, 6, 7, 12 and 30)

Part I
Amfetamine
Cannabis (also named as Gandia or Indian Hemp)
Dexamtetamine
Fenetylline
Khat
Lisdexamphetamine
Meeloqualone
Methaqualone
Methoxetamine
N-benzylpiperazine (also named BZP)
Secobarbital

Part II
Acetyl-alpha-methylfentanyl
Alphacetylmethadol
Alpha-methylfentanyl
Beta-hydroxyfentanyl
Beta-hydroxy-3-methylfentanyl
Brolamfetamine
Cannabis Resin
Cathinone
Coca bush
Coca leaf
Cocaine
Concentrate of Poppy Straw
Desomorphine (also named dihydro deoxymorphine)
DET
DMA
DMHPDMT
DOET
Drorabinol
Ecgonine, its esters and derivatives
Ethylphenidate (EPH)
Eticyclidine
Etorphine
Etryptamine
Heroin
Ketobemidone
Levamfetamine
Levomethamphetamine
(+) – Lysergide
MDMA
Mescaline
Metamfetamine
Metamfetamine Racemate
Metheathinone
4-methylaminorex
3-methylfentanyl
3-methylthiofentanyl
Methiopropamine (also named MPA)
MMDA
MPPP
N-ethyl MDA
N-hydroxy MDA
opium
Opium Poppy
Parafluorofentanyl
Parahexyl
para-Methyl-4-methylaminorex (4,4’-DMAR)
PCE
PCPY
PEPAPPHP
Phenazepam
Phencyclidine
Phenethylamines and theft chemical diversities including —
(a) 25B-NBOMe
(b) 25C-NBOMe
(c) 25I-NBOMe
(d) 4-fluoroamphetamine (4-FA)
(e) para-Methoxymethylamphetamine (PMMA)
Phenmetrazine
PMA
Psilocine
Psilocybine
Psilotsin
Rolicyclidine
STP, DOM
Synthetic Cannabinoids, their chemical diversities and analogues, including —
(a) 5-Chloro-AKB48 (also named as 5-Chloro-APINACA)

(b) 5F-AKB-48 (also named as 5F- APINACA)

(c) 5-Fluoro-AB PINACA

(d) 5-Fluoro-AEB (also named as 5F-EMB-PINACA)

(e) 5-Fluoro-AMB

(f) 5-Fluoro-MDMB-PICA

(g) 5F-MDMB-PINACA

(h) 5F-PB22

(i) AR FUBINACA

(j) AB-CHMINACA

(k) AB-PINACA

(l) ADB-CHIMINACA

(m) ADB-CHMICA
(n) ADB-FUBINACA

(o) AKB-48 (also named as APINACA)

(p) AM 2201 Benzimidazole Analogue

(q) FUB-AKB48 (also named as FUB-APINACA, AFUBINACA, AKB48-N-(4-

Fluorobenzyl) Analog, AFB-48)

(r) FUB-AMB (also named as AMB-FUBINACA, MMB- FUBINACA)

(s) JWH-018

(t) JWH-018 Indazole Analogue (also named as THJ-018)

(u) JWH-073

(v) MAM 2201

(w) MDMB-FUBICA

(x) MDMB-CHMICA

(y) MDMB-CHMINACA

(z) MDMB-FUIBINACA

(aa) Methyl 1-(5-fluoropentyl) — 1H-indole-3-carboxylate

(ab) Methyl 1 -(Cyclohexylmethyl) — 1 H-indole-3-carboxylate

(ac) MMB CHMICA

(ad) NM 2201
 (ae) PB 22

(at) SDB 005

(ag) STS-135

(ah) UR 144

(ai) XLR- 11

Synthetic Cathinones, their chemical diversities and analogues, including —

(a) 4-Fluoromethcathinone (also named flephedrone or 4-FMC)

(b) 3, 4-Methylenedioxypyrovalerone (also named MDPV)

(a) 4-Methylethcathinone (also named 4 MEC)

(d) 4-Methyl cathinone (also named nor-mephedrone or 4MC)

(e) 4-Methylmethcathinone (also ,name4 4MMC or mephedone)

(f) Alpha-Pyrrolidinovalerophenone (alpha-PVP)

(g) Ethylone

(h) Methylone (also named bk — MDMA)

(i) Pentedrone (α-Methylaminovalerophenone)

Synthetic opioids including fentanyl analogues and their chemical diversities —

(a) AH-7921
(b) AM-2201
(c) MT-45
(d) U-47700
(e) Acetylfentanyl
(f) Acryloylfentanyl (Acrylfentanyl)
(g) Butyrfentanyl
(h) Carfentanil
(i) 4-Fluoroisobutyrfentanyl (para-Fluoroisobutyrfentanyl, 4-FIBF, pFIBF)
(j) Furanylfentanyl (Fu-F)
(k) Ocfentanil
(l) Tetrahydrofuranylfentanyl (THF-F)

TCP
Tenamfetamine
Tenocyclidine
Tetrahydrocannabinol (THC)
Thiofentanyl
TMA
Zipeprol

Amended by [GN No. 188 of 2004]; [GN No. 242 of 2013]; [GN No. 179 of 2015]; [GN No.
93 of 2019]

SECOND SCHEDULE
(sections 2, 3, 4, 7, 8, 12, 18, 20, 22)
Acetyldihydrocodeine Drotebanol Norcodeine
Acetylmethadol Ethylmethilthiambutene Norlevorphanol
Alfentanil Ethylmorphine Normethadone
Allylprodine Etonitazene Normorphine
Alpharmeprodine Etoxeridine Norpipanone
Alphamethadol Fentanyl Oxycodone
Alpha-methylthiofentanyl Flunitrazepam Oxymorphone
Alphaprodine Furethidine Pethidine
Anileridine Hydrocodone Pethidine-Intermediate A
Benzylmorphine Hydromorphinol Pethidine-Intermediate B
Betameprodine Hydroxypethidine Pethidine-Intermediate C
Betaprodine Levomethorphan Phenadoxone
Bezitramide Levorphanol Phenampromide
Buprenorphine Levophenacylmorphan Phenazocine
Clonitazene Metazocine Phenomorphan
Codeine Methadone Phenoperidine
Codoxime Methadone-Intermediate Pholcodine
Dextromoramide Methyldesorphine Piminodine
Dextropropoxyphene Methyldihydromorphine Piritramide
Diampromide Methylphenidate Proheptazine
Diethylthiambutene Metopon Properidine
Difenoxin Moramide-Intermediate Propiram
Dihydrocodeine Morpheridine Racemethorphan
Dihydromorphine Morphine Racemoramide
Dimenoxadol Morphine Methobromide Racemorphan
Dimephepatanol Morphine-N-Oxide Myrophine Remifentanil
Dimethylthiambutene Nicocodine Sufentanil
Dioxaphetylbutyrate Nicodicodine Thebacon
Diphenoxylate Nicomorphine Thebaine
Dipipanone Noracymethadol Tilidine
Trimeperidine

Amended by [GN No. 188 of 2004]; [GN No. 179 of 2015]; [GN No. 93 of 2019]
THIRD SCHEDULE
(sections 2, 3, 4, 7, 8, 12, 18, 22)
Allobarbital Etilamfetamine Nimetazepam
Alprazolam Fencamfarmin Nitrazepam
Amfepramone Fenproporex Nordazepam
Aminorex Fludiazepam Oxazepam
Amobarbital Flurazepam Oxazolam
Barbital Glutethimide Pemoline
Benzfetamine Haloxazolam Pentazocine
Bromazepam Ketamine Pentobarbital
Brotizolam Ketazolam Phendimetrazine
Butalbital Lefetamine Phenobarbital
Butobarbital Loprazolam Phentermine
Camazepam Lorazepam Pinazepam
Cathine Lormetazepam Prazepam
Chlordiazepoxide Mazindol Pregabalin (its chemical diversities, including
Clobazam Medazepam its derivatives and related substance)
Clobenzofex Mefenorex Pyrovalerone
Clonazepam Meprobamate Secbutabarbital
Clorazepate Mesocarb Tapentadol
Clotiazepam Methylphenobarbital Temazepam
Cloxazolam Methyprylon Tetrazepam
Cyclobarbital Midazolam Tramadol
Delorazepam Triazolam
Diazepam Vinylbital
Estazolam Zolpidem
Ethchlorvynol Zopiclone
Ethinamate
Ethyl Loflazepate

Amended by [GN No. 179 of 2015]; [GN No. 93 of 2019]

FOURTH SCHEDULE
(sections 2, 3, 12, 27)
Acetic anhydride
Acetone
Anthranilic acid
1,4 Butanediol (also named 1 ,4BD) (its chemical diversities, including its derivatives and
related substances)
Ephedrine
Ergometrine
Ergotamine
Ethyl Ether
Gamma-butyrolactone (also named GBL) (its chemical diversities, including its derivatives
and related substances)
Hydrochloric acid
Isosafrole
1 phenil-2-propanone
Lysergic acid
Methyl- Ethyl Ketone
N-Acetylanthranilic acid
Phenylacetic acid
Piperidine
Piperonal
Potassium permanganate
Pseudoephedrine
Safrole
Sulfuric acid
Toluene
3,4 Methylendioxy-phenyl-2-propanone

Amended by [GN No. 179 of 2015]

FIFTH SCHEDULE
(sections 2, 3)
1. Preparations of Acetyldihydrocodeine,
Codeine,
Dihydrocodeine,
Ethyhnorphine,
Nicodicodine,
Norcodeine, and
Pholcodine

when compounded with one or more other ingredients and containing not more than 100
milligrams of the drug per dosage unit and with a concentration of not more than 2.5 per cent
in undivided preparations.

2. Preparations of propiram containing not more than 100 milligrams of propiram per
dosage unit and compounded with at least the same amount of methylcellulose.

3. Preparations of cocaine containing not more than 0.1 per cent of cocaine calculated
as cocaine base and preparations of opium or morphine containing not more than 0.2
per cent of morphine calculated as anhydrous morphine base and compounded with
one or more other ingredients and in such a way that the drug cannot be recovered by
readily applicable means or in a yield which would constitute a risk to public health.

4. Preparations of difenoxin containing, per dosage unit, not more than 0.5 milligram of
difenoxin and a quantity of atropine sulphate equivalent to at least 5 per cent of the
dose of difenoxin.

5. Preparations of diphenoxylate containing, per dosage unit, not more than 2.5
milligrams of diphenoxylate calculated as base and a quantity of atropine sulphate
equivalent to at least one per cent of the dose of diphenoxylate.

6. Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder

10 per cent ipecacuanha root, in powder well mixed with 80 per cent of any other
powdered ingredient containing no drug.
7. Preparations conforming to any of the formulae listed in this Schedule and mixtures of
such preparations with any material which contains no drug.

8. Preparations of dextropropoxyphene for oral use containing not more than 135
milligrams of dextropropoxyphene base per dosage unit or with a concentration of not
more than 2.5 per cent in undivided preparations, provided that such preparations do
not contain any substance controlled under the 1971 Convention on Psychotropic
Substances.

SIXTH SCHEDULE
(sections 31)

Custody Record

1. Entries shall be made in the Custody Record in respect of all matters relevant
to the detention of the arrested person. In particular, the entries shall be made
in respect of the following -

(a) an accurate record of the time and place of

(i) the arrest;

(ii) the issue of the direction under section 31 and

(iii) each interview, including any interview immediately following

his arrest, of the person detained;

(b) the place or places where the interview takes place;

(c) the time at which the interview begins and the time at which it ends;

(d) any break during the interview;

 (e) the names of persons present at the interviews;

(f) the time and reason for any transfer of the detained person from one
place of custody to another as well as the time at which the detention
ends;
(g) any property secured from the person on his arrest or during his
detention;

(h) the name and rank of the police officer upon whose authority any
action in relation to the detained person is taken; and

(i) the ground or grounds, set out in section 3l (2), on which the detention
is based.

2. The Custody Record shall be opened as soon as practicable after the start of a
person's detention under section 31.

3. The person making an entry in the Custody Record shall insert the time at
which the entry is made and his signature against the entry made.

4. The Custody Record or copy of the Record shall accompany a detained

person to any other place where he is transferred.

5. A copy of the Custody Record shall be supplied to the person detained or his
legal representative as soon as is practicable after he or the representative
makes a request upon his release from detention or his being taken to court.

6. The person detained shall be allowed to check and made to insert his
signature in respect of any entry in the Custody Record.

7. Any entry shall be made in respect of any refusal of the person detained to
insert his signature where such signature is required.
 8. Entries in the Custody Record shall be made as soon as practicable after the
occurrence of the events to which they relate.

9. A police officer not below the rank of Inspector shall be responsible for
ensuring the accuracy and completeness of the custody Record and that the
Custody Record or a copy of the Record accompanies the detained person on
his transfer.

10. Entries in a computerised Custody Record shall be timed and contain

evidence of the computer operator's identity.

SEVENTH SCHEDULE
(section 31(5))

Video Recording

1. The video recording of the detained person during his period of detention
under section 31 shall be carried out in such manner as to constitute an
accurate, continuous and uninterrupted record of the whole period of his
detention, including his movements, interviews and statements.

2. When issuing the direction for detention under section 31, the Police Officer
shall make arrangements for the video recording of the person detained during
the whole of the period of his detention.

3. The Police 0fficer shall, for the purposes of the video recording, designate a
recording officer under whose responsibility and control the video recording
shall be conducted.

4. The recording officer shall be responsible to start, without delay and

immediately after a direction is issued under section 31, and continue the
 video recording without any interruption during the whole of the period of
detention.

5. The recording officer shall, in respect of the video recording, keep a written
record of the following -

(a) the name of the person detained;

(b) the name and rank of the recording officer;

(c) the name of the Police Officer who issued the direction under
section 31;

(d) the names of all the persons involved in the video recording;

(e) the identification numbers of the video records used for video
recording;

(f) the date, time of commencement, duration and place of –

(i) the detention; and

(ii) the recording;

(g) the place at which the video records are kept;

(h) particulars for the movement of the video records.

6. Where the person detained raises any objection during his period of detention
or makes any statement, the whole of his objection or statement shall be
recorded.

7. (a) The video record, referred to herein as the master video record, shall
be sealed, with a label specifying that the record is a master video
 record, in the presence of the detained person at the end of his period
of detention.

(b) The recording officer shall sign the label and ask the detained person
and any third party present to sign the label.

(c) Where the detained person or the third party refuses to sign the label,
another person may be asked to sign it.

8. (a) Where more than one video record is used, the recording officer shall
ensure that all the video records are properly identified and labelled.

(b) This shall be done by marking the video records with an identification
number immediately after they are removed from the recorder.

9. The recording officer shall make arrangements for the video records to be kept
securely under lock and key under the responsibility of an officer designated
for that purpose.