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Importation of controlled drugs in excess of certain value.
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82.— The Act of 1977 is amended by the insertion of the following section after section 15A:
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“Importation of controlled drugs in excess of certain value.
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15B.—(1) A person shall be guilty of an offence where—
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(a) the person imports one or more controlled drugs in contravention of regulations under section 5 of this Act, and
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(b) at or about the time the drug or drugs are imported the market value of the controlled drug or the aggregate of the market values of the controlled drugs, as the case may be, amounts to €13,000 or more.
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(2) If the court is satisfied that a member of the Garda Síochána or an officer of customs and excise has knowledge of the unlawful sale or supply of controlled drugs, that member or officer, as the case may be, shall be entitled in any proceedings for an offence under this section to be heard and to give evidence as to—
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(a) the market value of the controlled drug concerned, or
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(b) the aggregate of the market values of the controlled drugs concerned.
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(3) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at the time the person imported the controlled drug or drugs concerned that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to €13,000 or more or that he or she was reckless in that regard.
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(4) No proceedings may be instituted under this section except by or with the consent of the Director of Public Prosecutions.
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(5) In this section ‘market value’ and ‘an officer of customs and excise’ have the meanings they have in section 15A of this Act.”.
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