OPIUM.
No. 23 of 1909.
1839
or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.
Government Analyst to evidence.
*
79a. At the hearing of any charge under this Ordinance the production of the certificate of the Government Analyst requested as aforesaid shall be sufficient evidence of the facts therein stated, unless the defendant requires that the Analyst should be called as a witness; but if the Analyst is called by or at the request of the defendant the Magistrate may further order the defendant, if convicted, to pay a fee of 25 dollars for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
80. In dismissing any charge or complaint under this Ordinance on the ground that it is false or frivolous or vexatious, it shall be the duty of the Court to impose on the person bringing it a penalty not exceeding that which the defendant would have incurred if he had been convicted on such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise incurred in respect of his said charge or complaint or of his evidence in support thereof.
81. Over and above all other liabilities and penalties to which, by this Ordinance or otherwise, any person may become or be subject in respect of his suing out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, he shall be further liable to the penalties specified in section 84, to be enforced and levied as hereinafter provided.
relating to seizure of opium, etc.
§
82. In any proceedings before a Magistrate or on appeal to the Supreme Court relating to the seizure of any opium, implements, or other articles, the seizure whereof is authorised by any of the provisions of this Ordinance, it shall be lawful for such Magistrate and for the Judges, and they are hereby respectively required, to proceed in such cases on the merits only, without reference to matters of form and without inquiring into the manner or form of making any seizure, excepting in so far as the manner or form of seizure may be evidence on such merits.
83.—(1) Except as hereinafter mentioned, no information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceedings.
* As amended by No. 11 of 1910, No. 12 of 1912 and No. 13 of 1912.
† As amended by No. 13 of 1912.
§ As amended by No. 12 of 1912.