Vexatious
234
25. The magistrate may dismiss any charge or com- proceedings. plaint under this Ordinance on the ground that it is frivolous or vexatious although the commission of an offence be proved, and when a charge or complaint is dis- missed on the ground that it is frivolous or vexations, or when the magistrate is of opinon that such charge or com- plaint was supported by evidence false to the knowledge of the person bringing such charge, it shall be the duty of the magistrate to impose on the person bringing the same a penalty not exceeding that which the defendant would have incurred if he had been convicted, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise incurred in res- pect of his said charge or complaint or of his evidence in support thereof,
Procedure relating to cases of seizure.
Provisions for the protection
on
26. In any proceedings before a magistrate or appeal before the Supreme Court relating to the seizure of any poison, syringe or appliance the seizure whereof is authorised by this Ordinance, it shall be lawful for such magistrate and for the judges and they are hereby respec- tively required to proceed in such cases on the merits only without reference to matters of form and without inquiring into the matter or form of making any seizure excepting in so far as the manner and form of seizure may be evidence on such merits.
27. (1.) Except as hereinafter mentioned, no informa- tion laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding, and no of informers. witness shall be obliged to disclose the name or address of any informer or to state any matter which might lead to his discovery; and if any books, documents, or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain any entry in which any such informer is named or described or which might lead to his discovery, the court or magistrate shall cause all such passages to be conecaled from view or to be obliterated so far as may be necessary to protect the informer from discovery, but no further.
Saving of Opium Ordinance. 1914.
Repeal of Ordinances Nos. 12 of 1908. 9 of
1910, and 2 of 1914.
(2.) But if in any proceedings before a magistrate for any offence against any provision of this Ordinance the magistrate after fall inquiry into the case believes that the informer wilfully made in his information ክ material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court or magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court or magistrate to require the production of the original information and to permit inquiry and require full disclosure concerning the informer.
28. Nothing in this Ordinance shall be construed as, affecting the provisions of the Opium Ordinance, 1914.
29. The Pharmacy Ordinances, 1908-1914. are hereby repealed.
Schedule A.
PART 1.
Aconite, aconitine, and their preparations.
Alkaloids, all poisonous vegetable alkaloids not specifi- cally named in this Schedule, and their salts, and all poisonous derivatives of vegetable alkaloids, whatever be the trade name under which they are sold.
Arsenic, and its medicinal preparations.
Atropine, and its salts, and their preparations.
Belladonna, and all preparations or admixtures (except belladonna plaisters) containing 01 or more per cent, of belladonna alkaloids.
Cantharides, and its poisonous derivatives.
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