Power to prohibit pre- scribing of dangerous drug,
5.1. 1964/1811. Rp 11.
Divan keeping.
Possession of pipes, equipment, etc.
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(9) On an appeal under subsection (3) or (7), the Governor may confirm. vary or reverse the decision or substitute therefor such other decision or make such other order as he thinks it.
34. Where the authorization conferred by section 22 is with- drawn under section 33 from a registered medical practitioner, a registered dentist or an approved veterinary surgeon, the Director may, by notice in the Gazette, direct that it shall not be lawful for that person to give prescriptions prescribing a dangerous drug.
PART V.
DIVANS, EQUIPMENT FOR SMOKING, INJECTING, ETC.
DANGEROUS DRUG, AND PREMISES USED FOR UNLAWFUL TRAFFICKING IN OR MANUFACTURE
OF DANGEROUS DRUG.
35. (1) No person shall open, keep, manage or assist in the management of a divan where-
(4) a dangerous drug is sold in the divan to be smoked,
inhaled, ingested or injected therein;
(b) a price or its equivalent is charged for the smoking, inhalation, ingestion or injection of a dangerous drug therein: or
(c) any benefit or advantage whatever, direct or indirect, is derived by such person in consequence of the smoking, inhalation, ingestion or injection of a dangerous drug therein.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable-
(a) on conviction on indictment, to a fine of one hundred thousand dollars and to imprisonment for fifteen years; and
(8) on summary conviction, to a fine of ten thousand dollars
and to imprisonment for three years.
36. (1) Save under and in accordance with this Ordinance, no person shall have in his possession any pipe, equipment or apparatus ft and intended for the smoking, inhalation, ingestion or injection of a dangerous drug.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of ten thousand dollars and to imprisonment
for three years.
CH
37. (1) No person shall-
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(a) being the owner, tenant, occupier or person in charge of any place or premises, permit or suffer such place or premises or any part thereof to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing of a dangerous drug, or
(b) let or agree to let, whether as principal or agent, any place or premises with the knowledge that such place or premises or any part thereof is to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufactoring of a dangerous drug.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable--- (a) on conviction on indictment, lo a line of fifty thousand]
dollars and to imprisonment for ten years; and
(b) on summary conviction, to a fine of ten thousand dollars
and to imprisonment for three years.
38. (1) Where it is proved to the satisfaction of a court that an offence under section 4, 6, 7 or 35 has been committed in or on or in respect of any place or premises or any part thereof, the court may order that a notice of the fact shall be served either personally or by registered post on-
(a) the owner or any tenant of the place or premises or the
part thereof; or
(b) if such owner or tenant is absent or under disability, on
his agent: or
(c) if such owner or tenant is a company, on the secretary or
manager thereof,
(2) After service of a notice under subsection (1), a court may, on application-
(a) by the person on whom the notice was served; or
(6) in the case of a company, by or on behalf of the company, make an order (which shall be recognized and given effect to in any proceeding in any court) determining any tenancy of such place or premises or of any part of the place or premises as from the date of such order, and thereupon such Icnancy shall cease and determine for all purposes and any tenant under the tenancy so determined and any occupier of such place or premises or such part thereof may thereafter be treated as a trespasser.
(3) (a) An order under subsection (2) shall be sufficient authority to any police officer to enter (by force if
Responsibility of owners, tenants, etc
Premises used for unlawful trafficking in or manufacturing. ete, dangerous drug.
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