2420
Procedure relating to
cases of seizure.
Provisions for the protection
No. 9 of 1916.
PHARMACY AND POISONS.
which the defendant would have incurred if he had been convicted, 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.
26. In any proceedings before a magistrate or on appeal before the Supreme Court relating to the seizure of any poison, syringe or appliance the seizure whereof is authorised by 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 matter or form of making any seizure excepting in so far as the manner and form of seizure may be evidence on such merits.
27.-(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 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.
28. Nothing in this Ordinance shall be construed as No. 30 of 1923. affecting the provisions of the Opium Ordinance, 1923.
[s. 29, rep. Law Revision Ordinance, 1924.]
*
* As amended by Law Rev. Ord., 1924.
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Page 11
2420
Procedure relating to
casos of seizure.
Provisions for the protection
No. 9 of 1916.
PHARMACY AND POISONS.
which the defendant would have incurred if he had been convicted, 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.
26. In any proceedings before a magistrate or on appeal before the Supreme Court relating to the seizure of any poison, syringe or appliance the seizure whereof is authorised by 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 matter or form of making any seizure excepting in so far as the manner and form of seizure may be evidence on such merits.
27.-(1) Except as hereinafter mentioned, no information laid under this Ordinance shall be admitted in evidence in of informers. 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 con- tain 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.
Saving of Ordinance
(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 pro- duction of the original information and to permit inquiry and require full disclosure concerning the informer.
28. Nothing in this Ordinance shall be construed as No. 30 of 1923. affecting the provisions of the Opium Ordinance, 1923.
[s. 29, rep. Law Revision Ordinance, 1924.]
*
* As amended by Law Rev, Ord,, 1924.
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