Misuse of Drugs Act, 1984
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Offences to which section 7 applies; presumption, defences, etc. |
9.—(1) Subject to subsection (4) of this section, in any proceedings for an offence to which section 7 of this Act applies, where it is proved that a person imported a controlled drug and the court, having regard to the quantity of the controlled drug which the person imported and to such other matter as the court considers relevant, is satisfied that it is reasonable to assume that the controlled drug was not intended for the immediate personal use of the person, then for the purposes of section 7 (1) (a) of this Act, he shall be regarded by the court, until the court is satisfied to the contrary, as having imported the controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations referred to in that section. | |
(2) In any proceedings for an offence to which section 7 of this Act applies, the defendant shall not be acquitted of the offence charged by reason only of proving that he neither knew nor suspected nor had reason to suspect that the substance, product or preparation in question was the particular controlled drug alleged. | ||
(3) In proceedings for an offence to which section 7 of this Act applies in which it is proved that the defendant imported or exported the relevant controlled drug in contravention of the Customs Acts, it shall be a defence to prove that— | ||
(a) he did not know and had no reasonable ground for suspecting that what he so imported or exported, as may be appropriate, was a controlled drug, or | ||
(b) he believed the relevant substance, product or preparation to be a controlled drug, or a controlled drug of a particular class or description, and that, if the substance, product or preparation had in fact been that controlled drug or a controlled drug of that class or description, he would not at the material time have been committing an offence against the Customs Acts. | ||
(4) In any proceedings for an offence to which section 7 of this Act applies a defendant may rebut the presumption raised by subsection (1) of this section by showing that at the time of the alleged offence he was by virtue of regulations made under section 4 of the Principal Act lawfully in possession of the controlled drug to which the proceedings relate. | ||
(5) In any proceedings for an attempt to commit an offence to which section 7 of this Act applies the defences mentioned in subsection (3) of this section shall, with the necessary modifications, be open to the defendant. | ||
(6) Subject to subsection (2) of this section, nothing in this section shall prevent a person raising a defence which, apart from this section, would be open to him to raise in proceedings for an offence to which section 7 of this Act applies. |