Dangerous Drugs Act, 1934

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Number 1 of 1934.

DANGEROUS DRUGS ACT, 1934.

ARRANGEMENT OF SECTIONS

PART I.

PRELIMINARY AND GENERAL.

PART II.

RAW OPIUM, COCA LEAVES AND INDIAN HEMP.

PART III.

PREPARED OPIUM.

PART IV.

MORPHINE, COCAINE AND CERTAIN OTHER DRUGS.

PART V.

METHYLMORPHINE AND ETHYLMORPHINE.

PART VI.

PRODUCTS OF PHENANTHRENE ALKALOIDS OF OPIUM AND OF ECGONINE ALKALOIDS OF THE COCA LEAF.

PART VII.

MISCELLANEOUS OFFENCES.

PART VIII.

INSPECTION, SEARCH AND ARREST.

PART IX.

PENALTIES FOR OFFENCES, AND LEGAL PROCEEDINGS.

Number 1 of 1934.

DANGEROUS DRUGS ACT, 1934.

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR REGULATING AND CONTROLLING THE IMPORTATION, EXPORTATION, MANUFACTURE, SALE AND USE OF OPIUM, MORPHINE, COCAINE, AND OTHER DANGEROUS DRUGS, AND FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID. [2nd February, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and commencement.

1.—(1) This Act may be cited as the Dangerous Drugs Act, 1934.

(2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Executive Council, and different dates may be fixed for different provisions of this Act and in relation to different countries.

Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Justice;

the expression “raw opium” includes powdered or granulated opium, but does not include medicinal opium;

the expression “coca leaves” means the leaves of any plant of the genus of the erythroxylaceæ from which cocaine can be extracted either directly or by chemical transformation;

the expression “Indian hemp” means the dried flowering or fruiting tops of the pistillate plant known as cannabis sativa from which the resin has not been extracted, by whatever name such tops are called;

the expression “prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

the expression “medicinal opium” means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Saorstát Eireann Pharmacopœia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances;

the expression “the Hague Convention” means the International Opium Convention signed at the Hague on the 23rd day of January, 1912;

the expression “the Geneva Convention, 1925” means the International Convention relating to opium and other dangerous drugs signed at Geneva on the 19th day of February, 1925;

the expression “the Geneva Convention, 1931” means the International Convention relating to the manufacture and distribution of narcotic drugs signed at Geneva on the 13th day of July, 1931;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

“Corresponding law.”

3.—(1) In this Act the expression “corresponding law” means any law stated in a certificate (in this section referred to as an “international certificate”) purporting to be issued by or on behalf of the Government of any country outside Saorstát Eireann to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the Hague Convention, the Geneva Convention, 1925, or the Geneva Convention, 1931.

(2) Any statement in an international certificate as to the effect of the law mentioned in such certificate or any statement in an international certificate that any facts constitute an offence against the law mentioned in such certificate shall for the purpose of this Act be conclusive.

Application of Customs Acts.

4.—(1) Articles prohibited to be imported by virtue of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876 , and the provisions of that Act, as amended or extended by any subsequent Act, relating to the importation of prohibited or restricted goods, shall apply accordingly.

(2) Any officer of Customs and Excise may detain and seize any article being or attempted to be exported in contravention of this Act and for that purpose may open any packet containing or suspected by him of containing any such article and the provisions of the Customs Consolidation Act, 1876 , in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this Act in like manner as if they had been seized under that Act.

(3) The provisions of this Act relating to the prohibition of the export of articles shall have effect as though those provisions were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any articles the export of which is prohibited by this Act are exported in contravention of this Act or are brought to any quay or other place for the purpose of being so exported or are waterborne to be so exported, the exporter or his agent shall be liable to the same penalty as that to which a person is liable under section 186 of the Customs Consolidation Act, 1876 , for illegally importing prohibited goods.

General regulations.

5.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

Laying of orders and regulations before Houses of Oireachtas.

6.—Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order or regulation (as the case may be) is passed by either such House, within the next subsequent twenty-one days on which that House has sat after such order or regulation (as the case may be) is so laid before it, such order or regulation (as the case may be) shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order or regulation (as the case may be).

Expenses.

7.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Collection, etc., of fees.

8.—All fees received by the Minister under this Act shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.

Repeal.

9.—The Dangerous Drugs Act, 1920, is hereby repealed.

Continuance in force of licences authorities and regulations under Dangerous Drugs Act, 1920.

10.—(1) Every licence and authority granted under the Dangerous Drugs Act, 1920, shall, if it bears a date as of a day prior to the commencement of this Act and is in force at the commencement of this Act, continue in force (unless previously revoked) until the expiry thereof and shall during such continuance be deemed for all purposes to be a permit, licence, or authority of a similar kind granted under this Act.

(2) Every regulation made under the Dangerous Drugs Act, 1920, and in force at the commencement of this Act may be continued, amended or revoked by regulations made under this Act, and until so continued or revoked, and subject to any such amendment, shall continue in force and be deemed to have been made under this Act.

PART II.

Raw Opium, Coca Leaves and Indian Hemp.

Substances to which Part II applies.

11.—This Part of this Act applies to the following substances, that is to say, raw opium, coca leaves, Indian hemp and resins obtained from Indian hemp and all preparations of which such resins form the base.

Restriction on importation of substances to which Part II applies.

12.—(1) It shall not be lawful for any person to import into Saorstát Eireann any substance to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an import permit) granted by the Minister under this section authorising him to import such substance, and

(b) such substance does not exceed in quantity the amount specified in such permit, and

(c) such substance is imported from the country specified in such permit, and

(d) such substance is imported through the port or place in Saorstát Eireann specified in such permit, and

(e) such substance is imported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person an import permit to import any substance to which this Part of this Act applies.

(3) Every import permit in respect of a substance to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to import into Saorstát Eireann from the country, through the port or place in Saorstát Eireann, and with in the time, specified in such permit the amount, specified in such permit, of such substance, but subject to such conditions (if any) as the Minister shall think proper to attach to such permit and shall specify therein.

(4) There shall be paid to the Minister in respect of every import permit such fee as the Minister, with the consent of the Minister for Finance, shall fix.

(5) If any person imports into Saorstát Eireann any substance to which this Part of this Act applies in contravention of this section such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Restriction on export of substances to which Part II applies.

13.—(1) It shall not be lawful for any person to export from Saorstát Eireann any substance to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an export permit) authorising such person to export such substance, and

(b) such substance does not exceed in quantity the amount specified in such permit, and

(c) such substance is consigned to the country specified in such permit, and

(d) such substance is exported from the port or place specified in such permit, and

(e) such substance is exported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person, who complies with the prescribed conditions, an export permit to export any substance to which this Part of this Act applies.

(3) Every export permit in respect of a substance to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to export from the port or place in Saorstát Eireann, to the country, and within the time, specified in such permit, the amount, specified in such permit, of such substance, but subject to such conditions (if any) as the Minister may think fit to attach to such permit and may specify therein.

(4) There shall be paid to the Minister in respect of every export permit such fee as the Minister, with the consent of the Minister for Finance, shall fix.

(5) If any person exports any substance to which this Part of this Act applies in contravention of this section, or brings any such substance to a quay or other place for the purpose of being exported in contravention of this section, or of being waterborne to be so exported, such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Production of and dealing in substances to which Part II applies.

14.—(1) The Minister may by order make regulations under this section for controlling or restricting the production, possession, sale and distribution of any substances to which this Part of this Act applies, and in particular, without prejudice to the generality of the foregoing power, for prohibiting the production, possession, sale and distribution of any substances to which this Part of this Act applies except by persons licensed or otherwise authorised in that behalf in pursuance of this section.

(2) For the purposes of this section the Minister may grant licences and authorities for such periods and on such terms and subject to such conditions as he may think proper.

(3) There shall be paid to the Minister on the grant of every licence under this section such fee as the Minister, with the consent of the Minister for Finance, may fix.

(4) Every person—

(a) who acts in contravention of, or fails to comply with any regulation made under this section; or

(b) who acts in contravention of, or fails to comply with, the conditions of any licence or authority granted under or in pursuance of this section;

shall be guilty of an offence under this Act and shall be punishable accordingly.

PART III.

Prepared Opium.

Prohibition of import and export of prepared opium.

15.—(1) It shall not be lawful for any person to import or bring into or to export from Saorstát Eireann any prepared opium.

(2) If any person imports or exports any prepared opium in contravention of this section, he shall be guilty of an offence under this Act, and shall be punishable accordingly.

Prohibition of manufacture, etc., of prepared opium.

16.—If any person—

(a) manufactures, sells or otherwise deals in prepared opium; or

(b) has in his possession any prepared opium; or

(c) being the occupier of any premises, permits those premises to be used for the purpose of the preparation of opium for smoking or the sale or smoking of prepared opium; or

(d) is concerned in the management of any premises used for any such purpose as aforesaid; or

(e) has in his possession any pipes or other utensils for use in connection with the smoking of opium or any utensils used in connection with the preparation of opium for smoking; or

(f) smokes or otherwise uses prepared opium, or frequents any place used for the purpose of opium smoking;

such person shall be guilty of an offence under this Act and shall be punishable accordingly.

PART IV.

Morphine, Cocaine and Certain Other Drugs.

Drugs to which Part IV applies.

17.—(1) Subject to the provisions of this section, this Part of this Act applies to the following drugs, that is to say:—

(a) medicinal opium;

(b) any extract or tincture of Indian hemp;

(c) morphine and its salts, and diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;

(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent. of cocaine or of ecgonine;

(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives;

(h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmorphine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances which are, by virtue of paragraph (g) or paragraph (h) of this sub-section, drugs to which this Part of this Act applies;

(j) such other drugs as may be declared by order of the Executive Council made under this section to be drugs to which this Part of this Act applies.

(2) If it appears to the Executive Council that any new derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is, or is likely, if improperly used, to be productive of ill-effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine, or is capable of being converted into a substance which is, or is likely, if improperly used, to be productive of such ill-effects, the Executive Council may by order under this sub-section declare that such new derivative, alkaloid, or other drug shall be a drug to which this Part of this Act applies.

(3) If it appears to the Executive Council that a finding with respect to any preparation containing any drug to which this Part of this Act applies has in pursuance of Article 8 of the Geneva Convention, 1925, been communicated by the Council of the League of Nations to the parties to the said Convention, the Executive Council may by order under this sub-section declare that as from such date as may be specified in such order such preparation shall cease to be a drug to which this Part of this Act applies, and whenever any such order is made in relation to any such preparation, such preparation shall, so long as such order is in force, not be a drug to which this Part of this Act applies.

(4) The Executive Council may revoke an order previously made under sub-section (2) or sub-section (3) of this section.

(5) For the purposes of this section the following provisions shall have effect, that is to say:—

(a) the word “ecgonine” means lævo-ecgonine and includes any derivatives of ecgonine from which it may be recovered industrially;

(b) the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine;

(c) percentages in the case of liquid preparation shall, unless other provision in that behalf is made by regulations made by the Minister under this Act, be calculated on the basis that a preparation containing one per cent. of any substance means a preparation in which one gramme of the substance, ifsolid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.

Restriction on importation of drugs to which Part IV applies.

18.—(1) It shall not be lawful for any person to import into Saorstát Eireann any drug to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an import permit) granted by the Minister under this section authorising him to import such drug, and

(b) such drug does not exceed in quantity the amount specified in such permit, and

(c) such drug is imported from the country specified in such permit, and

(d) such drug is imported through the port or place in Saorstát Eireann specified in such permit, and

(e) such drug is imported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person an import permit to import any drug to which this Part of this Act applies.

(3) Every import permit in respect of a drug to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to import into Saorstát Eireann from the country, through the port or place in Saorstát Eireann, and within the time, specified in such permit, the amount, specified in such permit, of such drug, but subject to such conditions (if any) as the Minister shall think proper to attach to such permit and shall specify therein.

(4) There shall be paid to the Minister in respect of every import permit such fee as the Minister, with the consent of the Minister for Finance, shall fix.

(5) If any person imports into Saorstát Eireann any drug to which this Part of this Act applies in contravention of this section such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Restriction on export of drugs to which Part IV applies.

19.—(1) It shall not be lawful for any person to export from Saorstát Eireann any drug to which this Part of this Act applies unless—

(a) such person is the holder of a permit (in this section referred to as an export permit) authorising such person to export such drug, and

(b) such drug does not exceed in quantity the amount specified in such permit, and

(c) such drug is consigned to the country specified in such permit, and

(d) such drug is exported from the port or place specified in such permit, and

(e) such drug is exported within the time specified in such permit, and

(f) such person complies with the conditions (if any) attached to such permit.

(2) The Minister may, if he so thinks fit, grant to any person, who complies with the prescribed conditions, an export permit to export any drug to which this Part of this Act applies.

(3) Every export permit in respect of a drug to which this Part of this Act applies shall—

(a) be in the prescribed form and contain the prescribed particulars, and

(b) operate and be expressed to authorise the holder of such permit to export from the port or place in Saorstát Eireann to the country, and within the time, specified in such permit, the amount, specified in such permit, of such drug, but subject to such conditions (if any) as the Minister may think fit to attach to such permit and may specify therein.

(4) There shall be paid to the Minister in respect of every export permit such fee as the Minister, with the consent of the Minister for Finance shall fix.

(5) If any person exports any drug to which this Part of this Act applies in contravention of this section, or brings any such drug to a quay or other place for the purpose of being exported in contravention of this section or of being waterborne to be so exported, such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Control of manufacture and sale of drugs to which Part IV applies.

20.—(1) For the purpose of preventing the improper use of drugs to which this Part of this Act applies, the Minister may by order make regulations under this section for controlling or restricting the manufacture, sale possession and distribution of such drugs, and in particular, but without prejudice to the generality of the foregoing power for—

(a) prohibiting the manufacture of any such drugs except on premises licensed for the purpose and subject to any conditions specified in the licence; and

(b) prohibiting the manufacture, sale, or distribution of any such drug except by persons licensed or otherwise authorised under such regulations and subject to any conditions specified in the licence or authority; and

(c) regulating the issue by registered medical practitioners of prescriptions containing any such drug and the dispensing of any such prescription; and

(d) requiring persons engaged in the manufacture, sale, or distribution of any such drug to keep such books and furnish such information either in writing or otherwise as may be prescribed by such regulations.

(2) The regulations under this section shall provide for authorising any pharmaceutical chemist, chemist and druggist, or registered druggist lawfully keeping open shop for the sale of poisons—

(a) to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract of any drug to which this Part of this Act applies, or

(b) to carry on at the shop the business of retailing, dispensing or compounding any such drug,

subject to the power of the Minister to withdraw the authorisation in the case of a person convicted of an offence under this Act.

(3) Nothing in any regulations made under this section shall be taken to authorise any person to keep open shop for the retailing of poisons who is not entitled to do so under the Pharmacy Act (Ireland), 1875, as amended by the Pharmacy Act, (Ireland), 1875, Amendment Act, 1890, or to authorise a chemist and druggist or a registered druggist to compound any medical prescription.

(4) For the purpose of this section the Minister may grant licences and authorities for such periods and on such terms and subject to such conditions as he may think proper.

(5) There shall be paid to the Minister on the grant of every licence under this section such fee as the Minister, with the consent of the Minister for Finance, may fix.

(6) Every person—

(a) who acts in contravention of, or fails to comply with, any regulation under this section; or

(b) who acts in contravention of, or fails to comply with, the conditions of any licence or authority granted under or in pursuance of this section;

shall be guilty of an offence under this Act and shall be punishable accordingly.

PART V.

Methylmorphine and Ethylmorphine

Drugs to which Part V applies.

21.—This Part of this Act applies to the following drugs, that is to say:—

(a) methylmorphine (commonly known as codeine) and its salts;

(b) ethylmorphine (commonly known as dionin) and its salts.

Application of Part IV to drugs to which Part V applies.

22.—(1) The Executive Council may at any time by order under this sub-section declare that Part IV of this Act shall, with such modifications as may be specified in such order, apply to any drug to which this Part of this Act applies, and whenever any such order is made in relation to a drug to which this Part of this Act applies, the said Part IV shall, so long as such order is in force apply, with such modifications as are specified in such order, and subject to the provisions of any order made under sub-section (2) of this section amending such first-mentioned order, to such drug.

(2) The Executive Council may by order under this sub-section revoke or amend any order previously made under sub-section (1) of this section or under this sub-section.

PART VI.

Products of Phenanthrene Alkaloids of Opium and of Ecgonine Alkaloids of the Coca Leaf.

Products to which Part VI applies.

23.—(1) Subject to the provisions of this section, this Part of this Act applies to the following products, that is to say, any product obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf, not being a product which was on the 31st day of July, 1931, being used for medical or scientific purposes.

(2) If the Executive Council is at any time satisfied as respects any product mentioned in the immediately preceding sub-section that such product is of medical or scientific value, the Executive Council may by order under this sub-section declare that such product shall cease to be a product to which this Part of this Act applies, and thereupon such product shall as from the date specified in such order cease, so long as such order is in force, to be a product to which this Part of this Act applies.

(3) The Executive Council may by order under this sub-section revoke any order previously made under sub-section (2) of this section.

Prohibition of manufacture, etc., of products to which Part VI applies.

24.—(1) It shall not be lawful for any person in Saorstát Eireann to trade in or manufacture for the purposes of trade any product to which this Part of this Act applies.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this Act and shall be punishable accordingly.

Application of Part IV to products to which Part VI applies.

25.—(1) If it appears to the Executive Council that a decision with respect to any product to which this Part of this Act applies has in pursuance of Article 11 of the Geneva Convention, 1931, been communicated by the Secretary-General of the League of Nations to the parties to the said Convention, the Executive Council may by order under this sub-section declare that the provisions of Part IV of this Act shall apply, with such modifications as may be specified in such order, to such product as if such product were a drug to which the said Part IV applies, and whenever any such order is made in relation to a product to which this Part of this Act applies the said Part IV shall, so long as such order is in force, apply, with such modifications as are specified in such order and subject to the provisions of any order made under sub-section (2) of this section amending such first mentioned order, to such product accordingly,

(2) The Executive Council may by order under this sub-section revoke or amend any order made under sub-section (1) of this section.

PART VII.

Miscellaneous Offences.

Aiding, abetting, commission of offence outside Saorstát Eireann.

26.—Every person who in Saorstát Eireann aids, abets, counsels or procures the commission in any place outside Saorstát Eireann of any offence punishable under any corresponding law in force in such place, or does any act preparatory to, or in furtherance of, any act which if committed in Saorstát Eireann would constitute an offence under this Act, shall be guilty of an offence under this Act and shall be punishable accordingly.

False statements in relation to grants of permits, licences, etc.

27.—Every person who for the purpose of obtaining, whether for himself or any other person, the issue, grant, or renewal of any permit, licence or authority under this Act, makes any declaration or statement which is false or misleading in any material particular, or knowingly utters, produces or makes use of any such declaration or statement or any document containing the same shall be guilty of an offence under this Act and shall be punishable accordingly.

Attempts to commit offences.

28.—Every person who attempts to commit an offence under this Act or who solicits or incites another person to commit such an offence shall, without prejudice to any other liability, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, or to imprisonment with or without hard labour for a term not exceeding six months or to both such fine and imprisonment and shall in every case on conviction forfeit all articles in respect of which such offence was committed and the court before which the offender was convicted may order the forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

Liability of directors and officers of companies.

29.—Where a person convicted of an offence under this Act is a company, the chairman and every director and every officer concerned in the management of such company shall be guilty of a like offence unless he proves that the act constituting the offence took place without his knowledge or consent.

PART VIII.

Inspection, Search and Arrest.

Powers of inspection.

30.—(1) Any member of the Gárda Síochána not below the rank of sergeant or any inspector shall be entitled to enter the premises of any person carrying on the business of a producer, manufacturer, seller, or distributor of any substance to which Part II of this Act applies, any drug to which Part III , Part IV , or Part V of this Act applies or any product to which Part VI of this Act applies and to demand from such person the production of and to inspect any books or documents kept on such premises relating to dealings in any such substance drug or product, and to inspect any stocks of such substance drug or product.

(2) If any person—

(a) impedes or obstructs a member of the Gárda Síochána or an inspector in exercise of any of the powers conferred on such member or inspector by this section; or

(b) fails to produce or conceals or attempts to conceal any such books or stocks as aforesaid;

such person shall be guilty of an offence under this Act and shall be punishable accordingly.

(3) In this section the word “inspector” means a person authorised in writing by the Minister to exercise the powers conferred by this section on an inspector.

Search warrants.

31.—(1) Where a Justice of the District Court is satisfied on the information on oath of an officer of the Gárda Síochána not below the rank of chief superintendent that there is reasonable ground for suspecting that any substance to which Part II of this Act applies, any drug to which Part III , Part IV , or Part V of this Act applies, or any product to which Part VI of this Act applies is, in contravention of this Act or any regulations made thereunder, in the possession or under the control of any person in any premises, or that any document directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which would if carried out be, an offence under or intended to be carried out in any place outside Saorstát this Act, or in the case of a transaction or dealing carried out Eireann, an offence against the provisions of any corresponding law in that place, is in the possession or control of any person in any premises, such Justice may issue to such officer such search warrant as is mentioned in this section.

(2) A search warrant issued by a Justice of the District Court under this section shall be expressed and operate to authorise a named officer of the Gárda Síochána not below the rank of superintendent, accompanied by such other members of the Gárda Síochána as such officer shall think proper, at any time or times within one month after the issue of the search warrant, to enter, if need be by force, the premises named in the warrant, and to search the premises and any persons found therein, and, if there is reasonable ground for suspecting that an offence under this Act has been committed in relation to any substance drug or product which may be found in the premises or in the possession of any such persons, or that any document which may be so found is such a document as is specified in the foregoing sub-section, to seize and detain that substance, drug, product, or document, as the case may be.

Powers of arrest.

32.—Any member of the Gárda Síochána may arrest without warrant any person who has committed, or attempted to commit, or is reasonably suspected by such member of having committed or attempted to commit an offence under this Act, if such member has reasonable ground for believing that such person will abscond unless arrested, or if the name and address of such person are unknown to and cannot be ascertained by him.

PART IX.

Penalties for Offences, and Legal Proceedings.

Penalties for offences.

33.—Every person guilty of an offence under this Act shall be liable—

(a) on summary conviction thereof to a fine not exceeding fifty pounds, or to imprisonment with or without hard labour for a term not exceeding six months, or to both such fine and imprisonment; or

(b) on conviction thereof on indictment, to a fine not exceeding five hundred pounds, or to penal servitude for a period not exceeding five years, or to both such fine and penal servitude;

and shall, in every case on conviction for the offence, forfeit all articles in respect of which the offence was committed, and the court before which the offender was convicted may order the forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

Onus of proof.

34.—In any proceedings for an offence under this Act, it shall not be necessary to negative by evidence any permit, licence, authority, or other matter of exception or defence, and the burden of proving such matter shall be on the person seeking to avail himself thereof.

Time limits for summary proceedings.

35.—(1) Summary proceedings in respect of an offence under this Act may be brought either within six months from the commission of the offence or within three months from the date when evidence to sustain the prosecution came to the notice of the Attorney-General.

(2) A certificate under the hand of the Attorney-General as to the date on which evidence to sustain a prosecution for an offence under this Act came to his notice shall for the purposes of this section be conclusive.