2754
No. 22 of 1923.
DANGEROUS DRUGS.
[s. 11 contd.] other liability, be liable upon summary conviction to the same punishment and forfeiture as if he had committed an offence under this Ordinance.
(4) Where the person convicted of an offence under this Ordinance is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.
(5) Where the person convicted of an offence under this Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.
(6) Notwithstanding the provisions of any enactment which prescribes the time within which proceedings for an offence punishable upon summary conviction may be commenced, any summary proceedings for an offence under this Ordinance, or for attempting to commit such an offence, or for soliciting or inciting another person to commit such an offence, may be commenced either within the time so prescribed or within six months from the date on which evidence sufficient in the opinion of the Superintendent to justify a prosecution comes to his knowledge, whichever time is the longer, and, for the purposes of this sub-section, a certificate purporting to be signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
(7) For the purposes of sub-section (5), the issue of a summons or warrant shall be deemed to be the commencement of such summons or warrant of proceedings, whether such summons or warrant is executed or not.
(8) For the purpose of removing doubts, it is hereby declared—
(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and
2754
No. 22 of 1923.
DANGEROUS DRUGS.
[s. 11 contd.] other liability, be liable upon summary conviction to the same punishment and forfeiture as if he had committed an offence under this Ordinance.
(4) Where the person convicted of an offence under this Ordinance is a company, the chairman and every director and every officer concerned in the management of the com- pany shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.
(5) Where the person convicted of an offence under this Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his know- ledge or consent.
(6) Notwithstanding the provisions of any enactment which prescribes the time within which proceedings for an offence punishable upon summary conviction may be commenced, any summary proceedings for an offence under this Ordi- nance, or for attempting to commit such an offence, or for soliciting or inciting another person to commit such an offence, may be commenced either within the time so prescribed or within six months from the date on which evidence sufficient in the opinion of the Superintendent to justify a prosecution comes to his knowledge, whichever time is the longer, and, for the purposes of this sub-section, a certificate purporting to be signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
(7) For the purposes of sub-section (5), the issue of a sum- mons or warrant shall be deemed to be the commencement
such summons or warrant of proceedings, whether such executed or not.
is
(8) For the purpose of removing doubts, it is hereby declared-
(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and
No comments yet.
Private notes are available after approval.