2784
Magistrate may permit accused persons to give evidence for prosecution in certain cases.
Accused persons thus assisting prosecution to obtain indemnity from prosecution.
Presumptions.
No. 30 of 1923.
OPIUM.
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 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.
35. (1) Whenever two or more persons are charged with any offence against this Ordinance, the magistrate may permit any of them to give evidence for the prosecution.
(2) Every person so permitted to give evidence who shall in the opinion of the magistrate make true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the magistrate stating that he has made a true and full discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.
36.—(1) Every person who is proved to have had in his possession or under his control any thing whatsoever containing any opium shall, until the contrary is proved, be deemed to have been in possession of such opium.
(2) Every person who is proved to have had in his possession or under his control or subject to his order any document of title relating to any thing whatsoever containing any opium shall, until the contrary is proved, be deemed to have been in possession of such opium.
2784
Magistrate may permit accused
persons to give evidence for prosecution in certain
cases.
Accused persons thus assisting prosecution to obtain indemnity
from prose- cution.
Presump- tions.
No. 30 of 1923.
OPIUM.
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 magis- trate, 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 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.
35. (1) Whenever two or more persons are charged with any offence against this Ordinance, the magistrate may per- mit any of them to give evidence for the prosecution.
(2) Every person so permitted to give evidence who shall in the opinion of the magistrate make true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the magistrate stating that he has made a true and full discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.
36.—(1) Every person who is proved to have had in his possession or under his control any thing whatsoever con- taining any opium shall, until the contrary is proved, be deemed to have been in possession of such opium.
(2) Every person who is proved to have had in his posses- sion or under his control or subject to his order any. docu- ment of title relating to any thing whatsoever containing any opium shall, until the contrary is proved, be deemed to have been in possession of such opium.
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