1738
Warrant improperly obtained.
*
Procedure relating to case of seizure of poison.
+
Rule as to information and informers.
[No. 9 of 1910.] No. 12 of 1908.
PHARMACY.
incurred in respect of his said charge or complaint or of his evidence in support thereof.
10. Over and above all other liabilities and penalties to which 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, the said person shall be further liable, on summary conviction, to the following penalties:-
(a) for every first offence, a fine not exceeding 500 dollars, or imprisonment for any term not exceeding 3 months; and
(b) for every subsequent offence, a fine not exceeding 1,000 dollars or imprisonment for any term not exceeding 6 months.
11. In any proceedings before a Magistrate or on appeal before the Supreme Court relating to the seizure of any poison 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 and form of seizure may be evidence on such merits.
12. (1) Except as hereinafter mentioned, no information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding, and no 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 concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery, but no further.
(2) But if in any proceedings before a Magistrate for any offence against any provision of this Ordinance the Magistrate after full inquiry into the case believes that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the
* As amended by No. 30 of 1911 and No. 21 of 1912.
† As amended by No. 12 of 1912.