any form within that presumption and clarifies one existing
provision.
3.
Section 48(2) provides that a person found in or
escaping from a divan is presumed to have been smoking,
inhaling, ingesting or injecting a dangerous drug there.
Clause 3 adds a further presumption to the effect that the
person knew the nature of the drug.
4. Under section 54A a court may not impose a
custodial sentence on a person for an offence against
section & (simple possession of a dangerous.drug) or
section 36 (possession of a pipe or other equipment) unless
it has considered a report on the suitability of that
person for cure and rehabilitation and on the availability
of places at addiction treatment centres. Clause 4
provides that the court need not consider such a report
(but may if it thinks fit do so) where the person is also
convicted of another offence and is sentenced to
imprisonment for more than 9 months or is already serving a
term of imprisonment of more than 9 months.
5. The Pill has no Public Service staffing or
public expenditure implications.