DANGEROUS DRUGS

Act 41 of 2000 – 5 December 2001

P 26/01; Amended 29/03; 20/04; GN 188/04; cp GN 10/05; 6/07 (P 7/07); 17/07; 30/08 (P 6/09
– cio 20.02.09); 36/08; 14/09

*Ed. Section 63 provides for this Act to commence on a date to be fixed by Proclamation and as at 01.01.01
no such date has been proclaimed. The text of the Dangerous Drugs Act 1995 which accordingly is still in
force is set out in Mauritius Laws 1996, vol 2 at page 278.

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY 35 Offering or selling for personal consumption

1 Short title 36 Facilitating or permitting drug offences
2 Interpretation 37 Making a false declaration
3 Classification of dangerous drugs 38 Incitement to drug offences and unlawful
4 Reference to the Pharmacy Act use
PART II – CONTROL OF DANGEROUS 39 Money Laundering
DRUGS 40 Driving while under the influence of a
5 Cultivation dangerous drug
6 Prohibition of substances and preparations 41 Aggravating circumstances
listed in Schedule I 42 Giving false statements or false evidence
7 Medical or scientific research or teaching 43 Exemption and mitigation of penalties
8 Licensing of substances and preparations 44 Complementary penalties
listed in Schedules II and Ill 45 Inquiry and forfeiture by Court
9 Dangerous Drugs Tribunal 45A Order to search certain premises
10 Limitation of stocks 46 Burden of proof
11 Safety measures 47 Jurisdiction
12 Import and export 48 Minimum penalty
13 Drugs in transit 49 Powers of entry and search
14 Interference with dangerous drugs in transit 50 Issue of a search warrant and presumptions
15 Diversion certificates 51 Powers of seizure
16 Free trade zones and free ports 52 Unlawful consignment by post
17 Supply of drugs to an authorised person 53 Body and luggage searches
18 Prescription of drugs by authorised persons 54 Drugs concealed in the body
19 Supply of drugs on prescription 55 Controlled delivery
20 Packaging and labelling 56 Powers of investigation
21 Possession of drugs 57 Arrest without warrant and detention
22 International carriers 58 Conservation and sample-taking
23 Keeping of registers 59 Admissibility of certain evidence
24 Books of medical practitioner or pharmacist PART IV – MISCELLANEOUS
25 Records 60 Regulations
26 Retention of documents 61 Repeal
27 Provisions applicable to Schedule IV 62 Transitional provisions
substances (precursors) 63 –
28 Inspection FIRST SCHEDULE
PART III – OFFENCES SECOND SCHEDULE
29 Penalty for unlawful activities THIRD SCHEDULE
30 Drug dealing offences FOURTH SCHEDULE
31 Detention for drug dealing FIFTH SCHEDULE
32 – SIXTH SCHEDULE
33 Precursors, materials and equipment SEVENTH SCHEDULE
34 Unlawful use of drugs
 ________________

PART I – PRELIMINARY
1 Short title
This Act may be cited as the Dangerous Drugs Act.
2 Interpretation
“ADSU” means the Anti Drug and Smuggling Unit of the Police organised for the prevention
and detection of offences in connection with dangerous drugs;
“authorised person” means a medical practitioner, a pharmacist, a dental surgeon or a
veterinary surgeon, in the exercise of his profession;
“Authority” means a body or person empowered to grant import and export authorisation
and diversion certificate and, in relation to Mauritius, means the Permanent Secretary
acting in accordance with sections 12, 13, 14 and 15;
“bank” has the same meaning as in the Banking Act;
[Inserted 14/09]
“coca leaves” means the leaves of any plant of the genus erythroxylaceae from which
cocaine can be extracted directly or by chemical transformation;
“Commissioner” means the Commissioner appointed under section 45(8);
“container” means any wrapper or receptacle;
“controlled delivery” has the meaning assigned to it in section 55;
“Conventions” mean the United Nations 1961 Single Convention on Narcotic Drugs as
amended by the Protocol of 1972 on Narcotic Drugs, the 1971 Convention on
Psychotropic Substances, and the 1988 Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances;
“corresponding law” means a law stated, in a certificate purporting to be issued by or on
behalf of the government of any country other than Mauritius, to be a law providing for
the control and regulation in that country of the manufacture, sale, use, export and
import of dangerous drugs in accordance with the Conventions;
“cultivation” includes the entire process of supervising the growth of a plant, from
preparation of the soil up to and including harvest;
“dangerous drug” means –
(a) any plant or part thereof or substance listed in Schedule I, II or III;
(b) the isomers of the listed drugs, unless specifically excepted, whenever the
existence of such isomers is possible within the specific chemical designation;
(c) the esters and ethers of the drugs listed in Schedule I, II or III, whenever their
existence is possible;
(d) the salts esters of the drugs listed in Schedule I, II or III, including the salts of
ethers and isomers whenever the existence of such salts is possible;
(e) the preparations of these substances, other than those listed in Schedule V;
“diversion certificate” means a certificate in the form prescribed, issued by the Authority;
“drug offence” means an offence under this Act;
“export” does not apply to a dangerous drug in transit in Mauritius;
“export authorisation” means an authorisation issued by the Authority in a country from
which a dangerous drug is exported;
“family” , in relation to a person, means –
(a) a spouse, concubine or paramour of that person;
(b) his legitimate, illegitimate, natural or adopted child;
 (c) a brother or sister of that person;
(d) the lineal ascendant or descendant of that person; or
(e) a brother, sister, concubine or paramour of the spouse of that person;
[Repealed and replaced 29/03]
“financial institution” has the same meaning as in the Banking Act;
[Inserted 14/09]
“gandia” means bhang, babzi, siddhi and all the parts of the plant known as Cannabis
Sativa L or Cannabis Indica but does not include hashish, charras or chiras;
“Government store” means any place of storage approved by the Permanent Secretary;
“hashish”, “charras” or “chiras” means the resin obtained from the cannabis plant;
“import” does not apply to a dangerous drug in transit in Mauritius;
“Indian hemp” means the dried flowering or fruiting tops of the cannabis plant from which
the resin has not been extracted;
“Judge” means a Judge of the Supreme Court;
“manufacture” means the entire process of producing a substance in consumable state,
including extraction, refining and transformation by chemical reaction;
“Minister” means the Minister to whom responsibility for the subject of health is assigned;
“Permanent Secretary” means the Permanent Secretary of the Ministry of Health or any
officer of that Ministry to whom he has delegated any of his powers under this Act;
“possessions” –
(a) means property of any kind, nature or description, whether movable or
immovable, tangible or intangible; and
(b) includes –
(i) any cash in a bank account or bank deposit, whether in a person’s own
name or in a fictitious name;
(ii) any currency, whether or not the currency is legal tender in Mauritius,
and any bill, security, bond, negotiable instrument or any instrument
capable of being negotiated which is payable to bearer or endorsed
payable to bearer, whether expressed in Mauritius currency or otherwise;
(iii) any balance held in Mauritius currency or in any other currency in
accounts with any bank which carries on business in Mauritius or
elsewhere;
(iv) any balance held in any currency with any bank outside Mauritius;
(v) motor vehicles, ships, aircraft, boats, works of art, jewellery, precious
metals or any other item of value; and
(vi) any right or interest in property;
[Repealed and replaced 14/09]
“precursor” means any substance listed in Schedule IV;
“preparation” means –
(a) a solution or mixture, in whatever physical state, containing a dangerous drug;
(b) a dangerous drug in dosage form;
“prescription” means a prescription given by an authorised person for the supply of a
dangerous drug for purposes of treatment given by him in the exercise of his
profession;
“prescribed” means prescribed by regulations made under section 60;
“production” includes manufacture, processing, testing, mixing, dilution, cutting, packing
and labelling;
 “raw opium” means the spontaneously coagulated juice obtained from capsules of the
Papaver Sommiferum L whatever its content of morphine, which has been submitted
only to the manipulations necessary for packing and transport;
“recipient” means a person to whom a dangerous drug is to be supplied.
3 Classification of dangerous drugs
(1) Each of the dangerous drugs to which this Act applies is listed in either Schedule I, II
or III and different measures of control are specified in this Act according to the classification so
adopted, dependent upon the degree of seriousness of the risk to public health of each such
dangerous drug and the presence or otherwise of a medical use for it.
(2) All substances used in the manufacture of narcotic drugs and psychotropic
substances as classified by the 1988 Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, or otherwise, are included as precursors in Schedule IV.
(3) Plants and substances are included in the appropriate Schedule under their
respective international non-proprietary names, or, lacking such a name, under their chemical
names.
(4) Solid or liquid mixtures containing one or more substances governed by this Act,
when divided into dosage units, are deemed to be preparations of dangerous drugs and subject
to the same conditions as the substances they contain and preparations containing 2 or more
substances subject to different conditions shall be subject to those conditions governing the most
strictly controlled of their constituent substances.
(5) The Minister may, by regulations under section 60, exempt preparations containing a
substance listed in Schedule II, Ill or IV from such measure of control provided in this Act as may
be specified in those regulations, when he is satisfied that those preparations are so compounded
as to present no or no significant risk of abuse and that the substance cannot be readily
recovered from them in a quantity sufficient to present such a risk.
4 Reference to the Pharmacy Act
The substances listed in Schedules II and III and their preparations shall be subject, in
addition, to this Act, to the provisions of the Pharmacy Act to the extent that such provisions are
consistent with those contained in this Act.
PART II – CONTROL OF DANGEROUS DRUGS
5 Cultivation
(1) No person shall cultivate the opium poppy, coca bush or cannabis plant.
(2) A police officer may uproot or otherwise destroy any opium poppy, coca bush or
cannabis plant found growing upon any land held or occupied under any title whatever and may
take and remove samples for analysis and safe keeping as specified in section 58.
6 Prohibition of substances and preparations listed in Schedule I
Subject to section 7, no person shall at any time produce, manufacture, trade by wholesale
or retail, distribute, transport, possess, supply, transfer (free or for payment), purchase, use,
import, export or transit across Mauritius any of the plants, substances and preparations listed in
Schedule I.
7 Medical or scientific research or teaching
(1) For the purposes of medical or scientific research or teaching or the use of the
forensic science services, the Permanent Secretary may authorise a person to cultivate, produce,
manufacture, acquire, import, use or hold plants, substances and preparations listed in
Schedules I, II and III in quantities not exceeding those strictly required for the purpose in
question.
(2) Any person authorised under subsection (1) shall keep a register in which he shall
enter –
 (a) the quantities of listed plants, substances, preparations which he respectively
imports, acquires, manufactures and destroys;
(b) the date or dates of each such operation, together with the names of his
respective suppliers.
(3) Any person so authorised shall furnish the Permanent Secretary with an annual report
as to the quantities which he has used or destroyed during the preceding year and the quantities
which he holds in stock.
(4) Every register maintained under subsection (2) shall be so maintained for a period of
5 years following the making of the last entry therein.
8 Licensing of substances and preparations listed in Schedules II and Ill
(1) Subject to subsection (2), no person shall cultivate, produce, manufacture, trade by
wholesale or retail, distribute, or use any of the plants, substances and preparations listed in
Schedules II and III unless he is expressly licensed for that purpose, and no person shall do so at
any establishment or on any premises not expressly licensed for that purpose.
(2) Subsection (1) shall not apply to State owned enterprises specially authorised in
writing by the Minister or to their employees acting in that capacity.
(3) (a) Any person who wishes to engage in the operations mentioned in subsection (1),
shall make an application on the prescribed form to the Permanent Secretary.
(b) The Permanent Secretary shall, on receipt of an application, verify the character
and professional qualifications of the applicant and of any person responsible for carrying out the
obligations laid down in this Act and in the licence and may, subject to subsections (2) and (6),
grant the licence.
(c) A licence issued under this subsection shall indicate the substances and
preparations involved in the authorised activity, the quantities that may be involved, the form of
bookkeeping required, and all other obligations which the licensee must fulfill.
(4) (a) Any person who wishes to use all or part of the establishments and premises of
licensed private enterprises or specially authorised State enterprises for the production,
manufacture, wholesale trading and distribution, international trading, or use of the plants,
substances and preparations listed in Schedules II and III, shall make an application on the
prescribed form to the Permanent Secretary.
(b) The Permanent Secretary may, on receipt of an application and after verifying
that the establishments and premises, or parts thereof to be used, comply with the security
standards established by the Ministry of Health, grant the licence.
(5) Every licence issued under this section shall indicate upon its face its period of
validity.
(6) The Permanent Secretary may revoke or suspend a licence for any period not
exceeding 6 months, in the event of irregularities in the exercise of the authorised activity, of
particular breaches of the obligations laid down in the licence or of negligence on the part of the
staff, or if the relevant application for the licence contained an inaccurate statement of fact.
(7) No licence shall be issued to any person convicted of an offence under this Act and
any licence purporting to be issued to such a person shall be null and void.
(8) Where any person who has been issued with a licence under this section is convicted
of an offence under this Act, the Permanent Secretary shall forthwith withdraw and cancel the
licence.
(9) Where any person who has been issued with a licence under this section is charged
with an offence under this Act, the Permanent Secretary may in his discretion, suspend the
operation of the licence until the final determination of the charge by a Court of law.
9 Dangerous Drugs Tribunal
(1) Where the Permanent Secretary has reason to suspect that an authorised person is
supplying to or prescribing for any person a dangerous drug otherwise than is properly required
or in excess of the amount that is properly required for the medical or dental treatment of that
person or the veterinary treatment of an animal, he may, notwithstanding any other provisions of
this Act, refer the matter for inquiry to an ad hoc Dangerous Drugs Tribunal.
(2) The Tribunal referred to in subsection (1) shall consist of a Chairman who shall be a
Barrister at Law and –
(a) 3 other medical practitioners, where the authorised person is a medical
practitioner;
(b) 3 other dental surgeons, where the authorised person is a dental surgeon;
(c) 3 other veterinary surgeons, where the authorised person is a veterinary surgeon;
or
(d) 3 other pharmacists, where the authorised person is a pharmacist.
(3) The members of the Tribunal shall be appointed by the Minister on such terms and
conditions as he thinks fit.
(4) The Tribunal shall have all the powers of the Supreme Court to summon and examine
witnesses on oath and to order the production of documents or other articles in evidence.
(5) The Tribunal, having considered any matter referred to it under subsection (1), shall
make its recommendation to the Minister.
(6) The Minister may, on the recommendation of the Tribunal –
(a) withdraw the authority of the authorised person to supply, procure or be in
possession of any dangerous drugs; and
(b) direct that no prescription containing a dangerous drug shall be issued by that
authorised person.
(7) Notice of any withdrawal of authority or direction under subsection (6) shall be
published in the Gazette.
10 Limitation on stocks
(1) On or before 31 December each year, the Permanent Secretary shall, in the light of
the prevailing market conditions, lay down the maximum quantities of the various substances and
preparations that each licensed private enterprise and specially authorised State owned
enterprise under this Part may manufacture or stock, during the following year, as required for the
normal conduct of its business.
(2) The Permanent Secretary may at any time alter the limits laid down by him in
accordance with subsection (1), and shall promptly notify each licensee in writing of the limits
applicable to it under subsection (1) or, as the case may be, under this subsection.
(3) The Permanent Secretary may, where he is satisfied that a person authorised to stock
a dangerous drug holds a quantity in excess of his annual entitlement, requisition the surplus
quantity of the drug upon payment of an amount not less than the amount paid to acquire the
drug.
11 Safety measures
Every person authorised under this Act to hold dangerous drugs shall take such safety
measures as are necessary for the storage and transport of the drugs, in order to prevent theft or
any other form of diversion or loss.
12 Import and export
(1) Any person who exports or imports dangerous drugs shall apply for separate
authorisation from the Permanent Secretary on a standard form established by the Commission
on Narcotic Drugs of the United Nations Economic and Social Council as specified in regulations
made under section 60.
(2) (a) An application for authorisation shall indicate –
(i) the nature of the operation envisaged;
(ii) the names and addresses of the importer and exporter and, if known, those
of the consignee;
 (iii) the international non-proprietary name of each substance or, failing this, the
name of the substance in the Schedules, the pharmaceutical form and, in the
case of a preparation, its name if it has one, the quantity of each substance
and preparation involved in the operation, the period during which the
operation shall take place, the mode of transport or shipment to be used, and
the point of entry into, or of departure from, Mauritius.
(b) The import certificate issued by the Government of the importing country or
territory shall be attached to every application for export.
(3) (a) An import or export authorisation shall contain the same details as the relevant
application regarding the operation that it permits.
(b) The import authorisation shall specify whether the import is to be effected in a
single consignment or may be effected in more than one consignment.
(c) The export authorisation shall also indicate the number and date of the import
certificate, affirming that the import of the substance or the preparation has been authorised.
(4) After an imported consignment has entered Mauritius or when the period stipulated in
the import authorisation has expired, the Permanent Secretary shall send the export authorisation
to the Government of the exporting country or territory, with an endorsement specifying the
quantity of each plant, substance and preparation actually imported.
(5) Every dangerous drug shall –
(a) on importation, be kept at a Government store at the risk and expense of the
importer;
(b) be delivered or taken from the Government store only on production by and in the
presence of the authorised person, of a delivery permit signed by the Permanent
Secretary in the form prescribed.
(6) Any commercial document, such as an invoice, a cargo manifest or a customs,
transport or other shipping document, shall include the names of the plants and substances listed
in the Schedules, the names of the preparations, if they have one, the quantities exported from
Mauritius or to be imported into it, and the name and address of the exporter, the importer and,
where available, the consignee.
(7) Any consignment entering or leaving Mauritius shall –
(a) be detained by the Customs authorities until the legitimacy of the consignment is
confirmed or until a Court orders its forfeiture, where it is not accompanied by a
proper export or import authorisation; and
(b) be seized where no export or import authorisation has been granted.
13 Drugs in transit
(1) Subject to subsection (5), no person shall bring any dangerous drug to Mauritius in
transit, unless the dangerous drug is accompanied by valid export and import authorisations.
(2) Where a dangerous drug in transit is accompanied by an export authorisation or
diversion certificate and the Permanent Secretary has reasonable grounds to believe that the
authorisation or certificate is false or has been obtained by fraud or wilful misrepresentation of a
material particular, he may seize and detain the dangerous drug to which the authorisation or
certificate relates.
(3) The Permanent Secretary shall, on being satisfied that the export authorisation or
diversion certificate is valid, release any dangerous drug detained under subsection (2).
(4) Where a dangerous drug brought in transit is landed or transshipped in Mauritius, it
shall remain under the control of the Permanent Secretary and be kept in a Government store.
(5) Subsection (1) shall not apply to a dangerous drug in transit by post or to any
dangerous drug bona fide forming part of the medical stores of any ship or aircraft.
14 Interference with dangerous drugs in transit
No person shall –
 (a) cause a dangerous drug lawfully in transit to be subjected to any process which
could alter its nature;
(b) wilfully open or break any package or container containing any dangerous drug
lawfully in transit,
otherwise than in accordance with instructions issued by the Permanent Secretary.
15 Diversion certificates
(1) The Permanent Secretary may, upon production to him of a valid import authorisation
issued by an Authority in the country to which it is proposed to divert a dangerous drug, issue a
diversion certificate in respect of a dangerous drug in transit.
(2) A diversion certificate shall be in duplicate and –
(a) one copy shall accompany the dangerous drug when it is sent from Mauritius;
and
(b) the other copy shall be forwarded by the Permanent Secretary to the Authority in
the country to which the consignment has been diverted.
(3) On the issue of a diversion certificate, any person holding the export authorisation or
diversion certificate accompanying the dangerous drug on its arrival in Mauritius shall remit it to
the Permanent Secretary who shall return it to the Authority issuing it together with notice of the
name of the country to which the consignment has been diverted.
(4) No person shall, except under the authority of a diversion certificate, cause or procure
any dangerous drug lawfully brought in transit to be diverted to any destination other than that to
which it was originally consigned.
16 Free trade zones and free ports
Notwithstanding the provisions of any other enactment, all free ports and free trade zones
shall be subject to the same control and supervision under the provisions of this Act as other
parts of Mauritius.
17 Supply of drugs to an authorised person
(1) Every authorised person who requires a supply of a dangerous drug shall make an
application to the supplier in a form approved by the Permanent Secretary in triplicate.
(2) Where a supplier receives an application under subsection (1), he shall –
(a) endorse the original and each copy with –
(i) a serial number corresponding to the relevant entry made in the
Prescriptions Book kept under the Pharmacy Act; and
(ii) a statement of the amount of any dangerous drug actually supplied by him;
(b) deliver the original and a copy with the dangerous drug to the recipient who shall
complete both the original and the copy and return the original to the supplier.
(3) Every original and every copy of an application furnished under this section shall be –
(a) serially numbered for each year; and
(b) kept by the supplier and the recipient for inspection purposes.
(4) No pharmacist shall dispense, prepare, supply or cause to be dispensed, prepared or
supplied any dangerous drug under a prescription issued by an authorised person in respect of
whom a direction has been given in accordance with section 9(6)(b).
18 Prescription of drugs by authorised persons
(1) Subject to subsection (3), an authorised person who prescribes a dangerous drug
shall –
(a) handwrite the prescription, date and sign it;
(b) give his name and address;
(c) give the name and address of the person for whom the dangerous drug is
prescribed, or, where it is given by a veterinary surgeon, of the person to whom
the dangerous drug prescribed is to be delivered;
 (d) where he is a dentist, write the words “FOR LOCAL DENTAL TREATMENT
ONLY”, or where he is a veterinary surgeon, write the words “FOR ANIMAL
TREATMENT ONLY”; and
(e) specify in figures and words the total amount of the dangerous drug to be
supplied, or, where the dangerous drug is packed in ampoules, either the total
amount to be supplied or the total amount intended to be administered or
injected.
(2) No authorised person shall issue a prescription for the supply of a dangerous drug to
himself or for his own use.
(3) No authorised person shall, otherwise than on prescribed forms, prescribe the
dangerous drugs listed in Schedule II and such other dangerous drugs listed in Schedule III as
may be specified in regulations.
(4) No authorised person shall prescribe any dangerous drug –
(a) for a period of treatment exceeding 10 days –
(i) in the case of drugs listed in Schedule II; and
(ii) in the case of such of the drugs listed in Schedule III as may be prescribed;
(b) for a period of treatment exceeding one month in the case of all other dangerous
drugs listed in Schedule III.
19 Supply of drugs on prescription
(1) No person shall supply a dangerous drug on prescription unless –
(a) the prescription complies with section 18;
(b) he has taken such reasonable steps as may be necessary to ascertain that the
prescription is genuine;
(c) the prescription is presented for dispensing not later than 7 days after the date of
the prescription.
(2) No person shall supply a dangerous drug more than once on a prescription.
(3) Every person dispensing a dangerous drug on prescription shall –
(a) at the time of dispensing, mark on the prescription the date on which it is
dispensed;
(b) keep the prescription on the premises where the dangerous drug prescribed has
been dispensed;
(c) deliver to the person for whose use the dangerous drug was supplied or to his
agent a copy of the prescription bearing –
(i) the serial number of the prescription;
(ii) the date on which the prescription was dispensed;
(iii) the stamp of the pharmacy; and
(d) forthwith notify the Permanent Secretary of any suspect prescription, specifically
as regards the quantity of dangerous drugs prescribed and the repetition of any
such prescriptions.
20 Packaging and labelling
(1) Subject to subsection (2), no person shall supply a dangerous drug otherwise than in
a container labelled –
(a) in the case of a powder, solution or ointment, with the total quantity of the
dangerous drug supplied and the percentage of the dangerous drug contained in
it;
(b) in the case of tablets and other articles, with the total quantity of the dangerous
drug contained in the tablet or article;
(c) in the case of substances and preparations listed in Schedule II, a double red
band.
(2) Subsection (1) shall not apply to a dangerous drug dispensed by, or on the
prescription of, a medical practitioner, dental surgeon or veterinary surgeon.
 (3) The outer wrapping of parcels for consignment containing dangerous drugs shall bear
no information other than the names and addresses of the sender and the consignee and shall be
sealed with the sender’s mark.
21 Possession of drugs
(1) No person shall possess any dangerous drug unless he is authorised to do so under
this Act.
(2) A person shall be deemed to possess a dangerous drug if it is in his custody or is held
by another person subject to his control, or on his behalf, or if it is in or upon enclosed premises
or a vehicle, boat or aircraft which is for the time being subject to his control.
(3) Subject to subsection (4), a person to whom a dangerous drug is lawfully supplied for
his own use shall be deemed to be a person authorised to possess the drug so supplied.
(4) Where a dangerous drug is supplied or prescribed by an authorised person for a
patient and is also being supplied to the same patient by another authorised person, the patient
shall not be deemed to be a person authorised to be in possession of any of those dangerous
drugs unless the patient disclosed to the first-mentioned authorised person that he was already
being supplied with the dangerous drug by that other authorised person.
(5) An authorised person, any person employed or engaged in dispensing medicines at a
hospital or any person in charge of any laboratory attached to a college, hospital or other
institution approved by the Minister for purposes of research or instruction, may possess such
dangerous drugs so as may be necessary for the practice of his profession or employment.
22 International carriers
The Minister may authorise ships, aircraft and other public transport conveyances
registered in Mauritius and engaged in international travel to carry small quantities of medicines
listed in Schedules II and III within the limits required for the provision of first aid in emergency
cases.
23 Keeping of registers
(1) Subject to section 24, every person who supplies a dangerous drug shall –
(a) keep a register in which entries shall be made by him or by a person under his
control concerning every supply of a dangerous drug purchased or otherwise
obtained by him and every transaction effected by him with respect to a
dangerous drug;
(b) make an entry in the register –
(i) in respect of a dangerous drug obtained by him, on the day the dangerous
drug is received;
(ii) in respect of any sale or supply by him of a dangerous drug, on the day on
which the transaction is effected;
(c) where he carries on business at more than one set of premises, keep a separate
register in respect of each set of premises;
(d) keep the register in the part of the premises to which it relates;
(e) make every entry in chronological sequence in ink;
(f) make no correction of any entry otherwise than by a marginal note or footnote
initialled and dated by him, giving the particulars of the correction;
(g) on or before 15 January in every year furnish the Permanent Secretary with a
statement in the prescribed form containing all information respecting any
dangerous drug delivered to him or obtained from him and the stock of
dangerous drugs during the preceding year; and
(h) on request, give to the Permanent Secretary such particulars of his stock of
dangerous drugs or of any transaction involving a dangerous drug as the
Permanent Secretary may require.
(2) A register kept under subsection (1) shall –
(a) be in the prescribed form;
 (b) have every page numbered serially.
(3) No entry in a register shall be cancelled, obliterated or altered.
(4) Every entry made under subsection (1) shall be expressed –
(a) in the case of a solid, in grammes;
(b) in the case of a powder, solution or ointment, in terms of the total quantity of the
dangerous drugs supplied and the percentage of the dangerous drug contained
in it;
(c) in the case of tablets and other articles, in terms of the total quantity of the
dangerous drugs contained in the tablet or article; and
(d) in the case of a liquid, in millilitres.
(5) A separate register may, with the approval of the Permanent Secretary, be kept for
each branch of any business relating to the sale and supply of dangerous drugs.
24 Books of medical practitioner or pharmacist
(1) Section 23 shall not apply to –
(a) a medical practitioner who enters –
(i) in a day book particulars of every dangerous drug obtained by him and of
every dangerous drug supplied by him together with the name and address
of the person to whom and the date on which the dangerous drug is
supplied; and
(ii) on the same date as the entry in the day book, in a separate book particulars
of any dangerous drug obtained by him and a reference for easy
identification of each entry in the day book which relates to the supply of a
dangerous drug;
(b) a pharmacist retailing poisons who on the same date as he makes an entry in the
poisons register kept by him under the Pharmacy Act enters in a day book kept
for the purpose, particulars of every dangerous drug supplied by him and a
reference for easy identification of each corresponding entry in the Poisons
Register.
(2) Every reference made in a separate book under subsection (1) shall be in
chronological order and the book shall be divided into separate parts relating to each category of
dangerous drugs and shall be used only for the purposes of subsection (1).
(3) Every entry in a day book or separate book under this section shall be made –
(a) on the same day and in the same manner as an entry would otherwise have been
made in the register kept under section 23; and
(b) in chronological order in ink.
(4) No entry made under this section shall be cancelled, obliterated or altered.
25 Records
(1) Every register kept under section 23, every separate book or day book kept under
section 24, and every Poisons Register containing an entry to which reference is made in the
separate book, shall –
(a) be kept on the premises to which such register or book relates or where the
prescription was dispensed; and
(b) be available for inspection at all times.
(2) Every person who supplies dangerous drugs shall, on 30 June and 31 December in
every year –
(a) check his stock of dangerous drugs and balance each register kept under section
23; and
(b) forthwith report to the Permanent Secretary any discrepancy found to exist as a
result of such check.
26 Retention of documents
 Every document required to be obtained or kept under this Act shall be preserved –
(a) in the case of a register, book or other like record, for 5 years from the date on
which the last entry is made in it; and
(b) in the case of any other document, for 5 years from the date on which it is issued
or made.
27 Provisions applicable to Schedule IV substances (precursors)
(1) The manufacture, wholesale trading or distribution except for distribution by retail, and
international trading of substances listed in Schedule IV shall be subject to the provisions of
sections 8 and 12.
(2) An export or import authorisation shall not be granted for a substance listed in
Schedule IV if there are reasonable grounds to suspect that the consignment is destined for the
illicit manufacture of dangerous drugs.
(3) Any manufacturer, importer, exporter, wholesaler and retailer shall enter in a register
any acquisition or transfer of substances listed in Schedule IV, at the time of acquisition or
transfer without blank spaces, erasures or overwriting, so as to indicate the date of the operation,
the name and the quantity of the product acquired or transferred, and the name, address and
profession of both the purchaser and the vendor, except that retailers need not enter the name of
the purchaser in the register.
(4) The registers maintained under this section shall be kept for 5 years after the last
entry, for presentation, whenever requested, to the Permanent Secretary.
(5) Any manufacturer, importer, exporter, wholesaler and retailer shall forthwith notify the
Permanent Secretary of any suspect orders and operations, specifically as regards the quantity of
the substance purchased or ordered, the repetition of such orders and purchases, or the modes
of payment or transport used in connection therewith.
(6) Where there is serious ground to warrant the suspicion that a substance listed in
Schedule IV is to be used in the unlawful manufacture of a dangerous drug, any police officer
acting upon the written authority of the Permanent Secretary may forthwith seize and impound
that substance and may detain it until a competent court gives further directions as to its
disposition.
28 Inspection
Any person or establishment licensed under this Act shall be subject to inspections carried
out, at least every 2 years, in accordance with the provisions of the Pharmacy Act.
PART III – OFFENCES
29 Penalty for unlawful activities
(1) Any person who –
(a) contravenes any provision of Part II; or
(b) obstructs a public officer carrying out his functions under this Act,
shall commit an offence and shall, on conviction, be liable to a fine not exceeding
500,000 rupees and to imprisonment for a term not exceeding 15 years.
[Amended 30/08 (P 6/09)]

(2) Any person who –

(a) in Mauritius aids, abets, counsels or procures the commission in any place
outside Mauritius of an offence, which if committed in Mauritius would be an
offence against this Act and which is punishable under any corresponding law in
force in that place;
(b) in any place outside Mauritius does any act preparatory to or in furtherance of the
commission in Mauritius of an offence against this Act,
shall commit an offence and shall on conviction be liable to a fine not exceeding 500,000 rupees
and to imprisonment for a term not exceeding 15 years.
 [Amended 30/08 (P 6/09)]
30 Drug dealing offences
(1) Any person who unlawfully –
(a) organises, manages, or finances any of the offences specified in this section;
(b) imports, exports, causes to be imported or exported, aids, abets, counsels or
procures the importation or exportation of any dangerous drug;
(c) produces, manufactures, extracts, prepares or transforms any dangerous drug;
(d) offers, offers for sale, distributes, sells, brokers, delivers or transports on any
terms whatsoever, dispatches, or dispatches in transit any dangerous drug;
(e) cultivates opium poppy, coca bush or cannabis plant;
(f) possesses, purchases or offers to purchase any dangerous drug for the purpose
of any activity in this section,
shall commit an offence and shall, on conviction, be liable –
(i) where the offence is in respect of a dangerous drug specified in Part I of
Schedule I, Schedule II or Schedule III, to a fine not exceeding one million
rupees and to penal servitude for a term not exceeding 25 years;
[Amended 30/08 (P 6/09)]
(ii) where the offence is in respect of a dangerous drug specified in Part II of
Schedule I, to a fine not exceeding one million rupees together with penal
servitude for a term which shall not be less than 5 years and not more than
25 years.
[Amended 30/08 (P 6/09)]
(2) Nothing in this section shall render unlawful the act of a police officer, in the execution
of his duty for the detection of offences, in offering to buy any dangerous drug.
(3) Where on the trial of a person charged with an offence under subsection(1)(f), it is
proved that the possession, purchase or offer to purchase, as the case may be, was not for the
purpose of any of the activity specified in subsection (1), he shall not by reason thereof be
acquitted but the Court may find such person guilty of an offence of possession, purchase or offer
to purchase, as the case may be, under section 34(1)(b).
[Added 29/03]
31 Detention for drug dealing
(1) Where any person is arrested under reasonable suspicion of having committed any
offence under section 30, 33, 35, 36, 38 or 39, a police officer not below the rank of
superintendent of police may, subject to this section, direct that the person arrested be detained
in police custody for a period not exceeding 36 hours from his arrest, without having access to
any person other than a police officer not below the rank of inspector or a Government Medical
Officer and, in any such case, that person shall be detained accordingly.
(2) No direction under subsection (1) shall be issued unless the police officer has
reasonable grounds to believe that giving access to any person other than the police officer not
below the rank of inspector or the Government Medical Officer specified in that subsection –
(a) will lead to interference with or harm to evidence connected with an offence
under section 30 or 39 or interference with or physical injury to other persons; or
(b) will lead to the alerting of other persons suspected of having committed such an
offence but not yet arrested for it; or
(c) will hinder the recovery of property obtained as a result of such an offence; or
(d) will hinder the recovery of the value of the detained person’s proceeds of drug
trafficking.
(3) As soon as a direction is issued under subsection (1), the person detained shall be
informed that he may, if he so wishes, be examined by a Government Medical Officer.
(4) A custody record containing the information specified in Schedule VI to this Act shall
be kept in respect of any person detained pursuant to the powers conferred by this section.
 (5) A video recording shall be kept in the manner specified in Schedule VII to this Act in
respect of any person detained pursuant to the powers conferred by this section.
(6) A video recording under this section shall, notwithstanding the common law rule
against hearsay, be admissible in evidence in the course of any judicial proceedings to the same
extent and in the same manner as documentary evidence would be admissible.
(7) In this section, “video recording” includes the recording of visual images or sound by
electronic or other technological means.
32 – [Repealed 30/08 (P 6/09)]
33 Precursors, materials and equipments
Any person who unlawfully produces, manufactures, imports, exports, transports, offers,
sells, distributes, delivers on any terms whatsoever, consigns, dispatches, purchases or offers to
purchase or holds precursors, equipment or materials –
(a) for the purpose of using them in or for the unlawful cultivation, production or
manufacture of dangerous drugs; or
(b) knowing that the precursors, equipment and materials are to be used for any of
the purposes specified in paragraph (a),
shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees
and to imprisonment for a term not exceeding 15 years.
[Amended 30/08 (P 6/09)]
34 Unlawful use of drugs
(1) Any person who unlawfully –
(a) smokes, inhales, sniffs, consumes or administers to himself or any other
person, in any way whatsoever, any dangerous drug;
(b) possesses, purchases, offered to purchase or transports any dangerous
drug;
(c) has in his possession any pipe, syringe, utensil, apparatus or other
article for use in connection with smoking, inhaling, sniffing, consuming
or the administration of any dangerous drug,
shall commit an offence and shall, on conviction, and subject to subsections (2) and (5), be liable
to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years.
(2) Subject to subsection (5), before passing a sentence of imprisonment under
subsection (1), the Court, where it considers this to be appropriate, explain to the convicted
person that, if he undertakes to co-operate in order to be cured of his addiction, the Court, instead
of sentencing him to imprisonment, may order him to undergo, at such institution as may be
prescribed and for such period not exceeding 3 years as the Court may determine, such
treatment, education, after care, rehabilitation or social reintegration as the Court thinks
appropriate and if he so undertakes, the Court may order accordingly.
[cp GN 10/05]
(3) (a) Where the Court is satisfied that an order made under subsection (2) has
been complied with, the Court shall discharge the offender.
(b) Where a person fails to comply with an order made by the Court under
subsection (2), he shall commit an offence and shall be liable to a fine
which shall not exceed 10,000 rupees and to imprisonment for a term
which shall not exceed one year.
(4) The person in charge of the relevant institution prescribed for the purposes of
subsection (2) shall notify a police officer attached to the Anti-Drug and Smuggling Unit of any
persistent failure by any person subject to an order under subsection (2) to comply with the terms
of that order.
(5) Notwithstanding subsection (2), a person convicted of an offence under
subsection (1)(b) and found to have purchased, offered to purchase, transported or been in
possession of any dangerous drugs -
 (a) listed in Part I of Schedule I, Schedule II or Schedule III, the street value
of which is 5,000 rupees or more; or
[Amended 30/08 (P 6/09)]
(b) listed in Part II of Schedule I, the street value of which is 10,000 rupees
or more,
shall be liable to double the maximum penalties specified in respect of that offence under
subsection (1).
[Repealed and replaced 29/03]
35 Offering or selling for personal consumption
(1) Any person who unlawfully offers, offers to buy, sells, offers to sell, distributes or
offers to distribute any dangerous drug to a person for his personal consumption shall commit an
offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees and to
imprisonment for a term not exceeding 15 years.
[Repealed and replaced 30/08 (P 6/09)]
(2) Nothing in this section shall render unlawful the act of a police officer in the execution
of his duty for the detection of offences, in offering to buy any dangerous drug.
36 Facilitating or permitting drug offences
Any person who unlawfully –
(a) facilitates for any other person the unlawful use of dangerous drugs, against
payment or free of charge, either by procuring premises for that purpose or by
any other means or while being a proprietor, manager, director, operator, on any
terms whatsoever, of a hotel, furnished house, boarding house, drinking
establishment, restaurant, club, society, dancing hall, entertainment hall or any
other premises whatsoever open to the public or used by the public, connives at
or permits the use of dangerous drugs in the said establishment or premises;
(b) prescribes dangerous drugs as acts of complaisance, that is to say in the
absence of any genuine belief that such a prescription is necessary or desirable
in the interests of the health of the person for whom they are prescribed;
(c) issues dangerous drugs on presentation of a prescription knowing the fictitious or
complaisant nature of any such prescription;
(d) obtains delivery or supply of dangerous drugs or who attempts to have such
drugs delivered or supplied to him by means of a prescription of fictitious or
complaisant nature;
(e) administers to, or adds to the food or beverages of, a person without his
knowledge, dangerous drugs;
(f) knowingly or negligently permits premises of which he is the owner or which are
under his occupation, management or charge to be used –
(i) for concealing or storing any dangerous drug;
(ii) for preparing or manufacturing any dangerous drug; or
(iii) for the sale of any dangerous drug;
(g) knowingly or negligently permits any land of which he is owner or which is under
his occupation, management or charge, to be planted with opium poppy, coca
bush or cannabis plant,
shall commit an offence and shall, on conviction, be liable to a fine not exceeding
500,000 rupees and to imprisonment for a term not exceeding 15 years.
[Amended 30/08 (P 6/09)]
37 Making a false declaration
Any person who for the purposes of obtaining for himself or for any person the issue, grant
or renewal under this Act of a permit, licence, certificate or authorisation or for any other purpose
relevant to this Act –
 (a) knowingly or recklessly makes a declaration or statement which is false or
misleading in any material particular; or
(b) knowingly utters, produces or makes use of any such declaration or statement or
any document containing the same,
shall commit an offence and shall, on conviction, be liable to a fine not exceeding
100,000 rupees and to imprisonment for a term not exceeding 10 years.
[Amended 30/08 (P 6/09)]
38 Incitement to drug offences and unlawful use
Any person who unlawfully –
(a) by any means whatsoever, directly or indirectly incites others to commit any of
the offences specified in this Act, even when such incitement is without effect;
(b) by any means whatsoever, directly or indirectly incites others to make unlawful use
of dangerous drugs or of substances presented as having the effects of such
drugs,
shall commit an offence and shall, on conviction, be liable to a fine not exceeding
500,000 rupees and to imprisonment for a term not exceeding 15 years.
[Amended 30/08 (P 6/09)]
39 Money Laundering
(1) Every person who unlawfully –
(a) acquires, possesses, uses, converts or transfers goods, resources or rights
thereto derived or realised, in whole or in part, directly or indirectly, from any
offence under this Act;
(b) conceals or disguises the genuine nature, origin, location, disposition, movement
or ownership of the goods, resources or rights thereto derived or realised, in
whole or in part, directly or indirectly, from any offence under this Act,
where he suspects or has reasonable grounds for suspecting that the goods, resources or rights
thereto are derived or realised, in whole or in part, directly or indirectly, from any offence under
this Act, shall commit an offence and shall, on conviction, be liable to a fine not exceeding one
million rupees and to imprisonment for a term not exceeding 20 years.
(2) A person may be convicted for an offence under this section notwithstanding the
absence of a conviction in respect of an offence under this Act, which generated the goods,
resources or rights thereto alleged to have been laundered.
(3) In this section, “goods” or “resources” includes possessions.
[Repealed and replaced 14/09]

40 Driving while under the influence of a dangerous drug

(1) Any person who drives a motor-powered land vehicle, steers a motor-powered marine
craft or flies a motor-powered aircraft while under the influence of a dangerous drug which he has
used in an unlawful manner, shall commit an offence and shall, on conviction, be liable to a fine
not exceeding 10,000 rupees or to a term of imprisonment not exceeding 5 years.
(2) Where an offence under subsection (1) results in death of or serious injury to any
other person, the person convicted thereof shall be liable to double the maximum penalties
specified in subsection (1).
(3) Any person who refuses to submit to such detection tests and verification procedures
as may be prescribed in respect of any offence under subsection (1), shall commit an offence and
shall, on conviction, be liable to the same penalties as those specified in subsection (1) or (2).
41 Aggravating circumstances
(1) For the purposes of this section, aggravating circumstances shall be deemed to exist
whenever –
 (a) the offender belongs to a criminal organisation or ring;
(b) he participated in other unlawful activities facilitated by commission of the
offence;
(c) he used violence or a weapon in its commission;
(d) he held public office and committed the offence in the purported exercise of that
office;
(e) he was a medical practitioner, nurse, dental surgeon, veterinary surgeon or a
person responsible for combatting the abuse of or traffic in dangerous drugs;
(f) another person under the age of 18 years was concerned in the offence;
(g) the drug was offered or delivered to a person under the age of 18 years or to a
mentally handicapped person, or a person undergoing treatment involving
withdrawal from drug abuse;
(h) the drugs delivered caused death or serious injury to health of some person;
(i) the offence was committed in a penal institution, a police establishment, a school,
university or teaching institution, a hospital or clinic, a place of resort used by
school children or students for social or recreational purposes or in the immediate
vicinity of any such institution, establishment or place;
(j) the offender mixed with the drugs additional substances which aggravated their
dangers to health;
(k) the offender was previously convicted, either in Mauritius or elsewhere, of an
offence connected with dangerous drugs.
(2) Any person who is convicted of an offence under section 29(2), 30, 33, 34, 35, 36, 37,
38 or 39 shall, if aggravating circumstances exist, be liable to double the penalties specified in
respect of that offence.
[Amended 30/08 (P 6/09); 36/08]
(3) Notwithstanding subsection (2), any person convicted of an offence under
section 29(2) or 30 shall be sentenced to a fine not exceeding 2 million rupees together with
penal servitude for a term not exceeding 60 years where it is averred and proved that, having
regard to all the circumstances of the case, the person was a drug trafficker.
[Amended 6/07 (P 7/07); 30/08 (P 6/09)]
(4) Without prejudice to the generality of subsection (3), a person shall be deemed to be
a drug trafficker where the street value of the drugs, the subject-matter of the offence, exceeds
one million rupees or such other value as may be prescribed.
42 Giving false statements or false evidence
(1) Any person who, in connection with any drug offence or for any other purpose
relevant to this Act –
(a) knowingly or recklessly makes a declaration or statement which is false or
misleading;
(b) knowingly produces or makes use of any declaration or document which is false
or misleading;
(c) causes a person, whether directly or indirectly, to make a declaration or
statement which is wholly or partly false or misleading;
(d) causes a person to alter the content of a previous statement or declaration
with a view to avoiding the prosecution of another person,
shall commit an offence.
(2) Any person who, in relation to a drug offence –
(a) gives false or misleading evidence in court;
(b) causes threats or inducement, or persuades or influences, any witness to give
false or misleading evidence in court,
shall commit an offence.
 (3) Any person who, whether personally or through another person and in relation to a
drug offence, threatens or interferes with a witness or any other person related to the witness,
shall commit an offence.
(4) Any person convicted of an offence under subsection (1), (2), or (3) shall be liable to a
fine of not less than 10,000 rupees and not exceeding 100,000 rupees together with a term of
imprisonment of not less than 2 years and not more than 10 years.
43 Exemption and mitigation of penalties
(1) Any person who has been convicted of a conspiracy to commit any of the offences
under section 29(2), 30, 33, 34, 35, 36, 37, 38 or 39 shall be exempted from penalty and
absolutely discharged if, having revealed the conspiracy to the police or to a Court, he has made
it possible to prevent the commission of the offence and to identify the other persons involved in
the conspiracy.
[Amended 30/08 (P 6/09)]
(2) Notwithstanding section 41, the penalty incurred by any person convicted of an
offence under that section shall be reduced in such manner as the court thinks just where that
person has, before any proceedings, made possible or facilitated the identification of the other
guilty persons, or who, after the commencement of proceedings, has made possible or facilitated
the arrest of such persons.
44 Additional penalties
A Court which convicts any person of an offence under section 40 may, in addition to any
penalty prescribed by that section –
(a) in the case of a convicted person who is not deemed to belong to Mauritius under
the Deportation Act, recommend to the Minister responsible for internal security
that he be deported from Mauritius and that Minister may in any such case,
without further enquiry, make a deportation order in his case under that Act;
(b) order that the convicted person be prohibited, for any period not exceeding
10 years after his release from any term of imprisonment imposed upon him,
from driving any motor-powered land vehicle, steering any motor-powered marine
craft or flying any motor-powered aircraft and, in any such case, direct that any
relevant licence or permit issued to the convicted person be impounded or
suspended.
45 Inquiry and forfeiture by court
(1) Where a person is brought before any Court on a provisional or formal charge in
respect of an offence under section 30 or 39 of this Act, the Court -
(a) shall order that the person charged shall not dispose of any of his assets or make
any withdrawals from any account or deposit at any bank or financial institution
until -
(i) he shall have been acquitted of that offence;
(ii) if convicted of the offence, the Supreme Court shall have made or refused to
make an order under subsection (10); or
(iii) the Court shall have, on good cause shown, revoked or modified its order
under this subsection;
(b) may order the person charged to file with the Court, within a delay to be specified
by the Court, an affidavit setting out all his assets and disclosing all his accounts
and deposits at any bank or financial institution.
[Repealed and replaced 29/03]
(2) (a) Where a court makes an order under subsection (1), the Director of Public
Prosecutions shall thereupon –
(i) give public notice of the order in the Gazette and in not less than 2 daily
newspapers;
(ii) give notice of the order to all notaries and to the head offices in Mauritius of
all registered banks and financial institutions.
 (b) Where any notice has been published under paragraph (a) –
(i) any notary who draws up any deed to witness a transaction involving
contravention of the order made under subsection (1); and
(ii) any bank or financial institution which allows any withdrawal to be made from
any account or deposit involving such a contravention,
shall commit an offence and shall on conviction, be liable to a fine not exceeding 5 million rupees
and in the case of an individual person, to imprisonment for a term not exceeding 5 years.
(c) Where a person referred to in subsection (1) acts in breach of an order made
under that subsection, he shall commit an offence and on conviction shall be liable to a fine not
exceeding 5 million rupees and to a term of imprisonment not exceeding 5 years.
[Added 29/03]

(3) Where the person charged under subsection (1) is convicted of an offence under
section 30 or 39, the Director of Public Prosecutions shall, after the expiration of the time limited
for appeal against that conviction or, in case of such an appeal being made, after that appeal has
been determined without the conviction having been quashed, refer the matter for enquiry to the
Commissioner appointed under subsection (8).
(4) For the purpose of an enquiry under this section –
(a) the Commissioner may summon any person, including any financial institution or
other body or organisation, to give evidence or to produce any record, book,
document or other article or to make any disclosure relating to the possessions of
the convicted person or his family;
[Amended 14/09]
(b) the convicted person shall make a full disclosure of all his possessions and any
donation he has made to his family including the production of all documents or
other evidence establishing that these possessions have been lawfully acquired
or obtained by lawful means;
[Amended 29/03]
(c) every member of the family of the convicted person who is above the age of 18
years shall make a full disclosure of all donations he has received from him;
(d) every gift or transfer of money or property, movable or immovable, made by the
convicted person to his family or made by any other person on his behalf to his
family, shall be deemed to be a donation unless the contrary is proved or the
donations, in the case of movables, do not exceed in aggregate value 20,000
rupees or such other amount as may be prescribed;
(e) any disclosure required to be made may be made, without prejudice to oral
testimony, by affidavit;
(f) no certificate or other document issued by a public officer or other public
authority, not being an order, direction or certificate made by a Court, and
purporting to establish the public officer's or authority's acknowledgement of the
lawfulness of the sources of the income or assets of the convicted person or his
family, shall be a bar to the Commissioner investigating into the assets of a
trafficker.
[Added 29/03]
(5) (a) Any person who fails to comply with subsection (4)(c) or with a summons issued
under subsection (4)(a) shall commit an offence and shall, on conviction, be liable to a fine not
exceeding 100,000 rupees and to imprisonment for a term not exceeding 10 years.
[Amended 30/08 (P 6/09)]
(b) Any person who swears a false affidavit or gives false evidence in the
course of an inquiry under this section shall commit an offence and shall, on conviction, be liable
to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 10 years.
[Amended 30/08 (P 6/09)]
 (c) Where the convicted person fails to comply with subsection (4)(b), he
shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees
and to imprisonment for a term not exceeding 10 years.
[Amended 30/08 (P 6/09)]
(d) Where a convicted person disposes of his assets or makes any withdrawals
from a bank account in breach of subsection (1)(b), he shall commit an offence and shall, on
conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not
exceeding 10 years.
[Amended 30/08 (P 6/09)]
(6) The Commissioner shall, on completion of an enquiry, submit a written report to the
Director of Public Prosecutions.
(7) The Director of Public Prosecutions may, on receipt of a report, apply to the Supreme
Court for an order for the forfeiture of the possessions of the convicted person or any member of
his family.
(8) For the purposes of this section –
(a) the Commissioner shall be –
(i) appointed by the Prime Minister;
(ii) a person who took oath to practice at the Bar at least 10 years before his
appointment;
(b) the Commissioner may in the discharge of his duties be assisted by such persons
not exceeding 2 in number as the Prime Minister may approve.
(9) In determining an application made under subsection (7), the Supreme Court shall
hear such evidence as may be necessary, and the report of the Commissioner shall be received
in evidence as proof of the matters to which it relates provided that the Court shall not take into
account any document or evidence not produced to the Commissioner under subsection (4)(b)
but produced to the Court for the purpose of establishing that the properties were lawfully
acquired or obtained by lawful means.
[Amended 29/03]
(10) Where the Supreme Court finds that the possessions of the convicted person or of
any member of his family or any part thereof are the proceeds of unlawful dealing in dangerous
drugs by the convicted person, the Supreme Court shall order the forfeiture of those possessions.
(11) For the purposes of subsection (10), the possessions of the convicted person shall be
presumed, unless the contrary is shown upon a balance of probabilities, to be the proceeds of
unlawful dealing in dangerous drugs.
(12) Any asset or possession which is the subject of an order under subsection (10) shall
be vested in such institution as may be designated by the Minister responsible for the subject of
social security.
45A Order to search certain premises
(1) Where the Commissioner has reasonable grounds to believe that there is on
specific premises or in any place of business, evidence which may assist him in his investigation,
he may, with the concurrence of the Director of Public Prosecutions, apply to the Judge in
Chambers for an order allowing the Commissioner, or any person delegated by him, to enter and
search the premises or place.
(2) An application under subsection (1) shall be supported by an affidavit by the
Commissioner disclosing the reason why the order is being sought.
(3) The Judge shall not make an order under subsection (1) unless he is satisfied
that the evidence is necessary for the purposes of the investigation.
(4) No order shall be made under subsection (1) with respect to a law practitioner
unless the Judge is satisfied that, having regard to the need to protect legal professional privilege,
it is in the public interest that the order be made without requiring the law practitioner to show
cause why the order should not be made.
 (5) A search pursuant to an order under subsection (1) shall, so far as is practicable,
be conducted in the presence of the occupier of the premises or place or his duly authorised
agent.
(6) Prior to a search pursuant to an order under subsection (1), the officer effecting
the search shall deliver a photocopy of the warrant to the occupier of the premises or place or his
duly authorised agent.
(7) Where a search is made pursuant to an order under subsection (1), the officer
effecting the search may -
(a) seize and take possession of any book, document, computer disk or
other article;
(b) inspect, make copies of, or take extracts from, any book, record or
document;
(c) search any person who is on the premises or place, detain him for the
purpose of the search, and seize any article found on such person;
(d) break open, examine, and search any article, safe, container or
receptacle.
[Added 29/03]
46 Burden of proof
Notwithstanding any other enactment, where in any proceedings for an offence under this
Act, a question arises as to whether any person was or was not authorised to be in possession of
any dangerous drug, the burden of proof that such a person was authorised to be in possession
of such drug, shall lie on that person.
47 Jurisdiction
(1) Subject to subsection (2), a prosecution for an offence under this Act shall take place,
at the sole discretion of the Director of Public Prosecutions, before a Judge without a jury, the
Intermediate Court, or the District Court.
(2) A prosecution for an offence under sections 30 and 41(3) shall take place before a
Judge without a jury where it is averred that the accused person is a drug trafficker.
(3) Notwithstanding any other enactment, the Intermediate Court shall have –
(a) jurisdiction to inflict any fine provided under this Act or imprisonment for a term
not exceeding 20 years;
(b) power to order sentences of imprisonment imposed under this Act to be served
consecutively provided that the terms of such sentences shall not in the
aggregate exceed 30 years.
(4) Sections 151, 152, 153 and 197 of the Criminal Procedure Act, sections 50 and 51 of
the Reform Institutions Act and the Probation of Offenders Act shall not apply to a conviction for
an offence under any of the provisions of this Act other than section 34.
[Amended 20/04; 6/07 (P 7/07)]
(5) The Court before which a person is convicted of an offence –
(a) shall, in addition to any penalty imposed by the Court, order any dangerous drug
or any article, utensil or any instrument in respect or by means of which the
offence was committed or any money obtained from the commission of the
offence to be forfeited;
(b) may, in addition to any penalty imposed by the Court, order any vehicle or other
conveyance used in the unlawful transport or distribution of any dangerous drug
to be forfeited;
(c) may, in addition to any penalty imposed by the Court, upon the production of a
certificate under the hand of the Commissioner of Police, stating that a specified
quantity of drugs is required in order to be used for the purpose of training sniffer
dogs, order that such quantity from the dangerous drugs forfeited under
paragraph (a) shall be so used.
[Added 29/03]
48 Minimum penalty
Where a Court convicts a person of an offence under section 33, 35, 36, 38 or 39, it shall,
notwithstanding the other provisions of this Act but subject to the maximum penalty specified in
respect of any such offence inflict a fine of not less than 10,000 rupees together with
imprisonment for a term of not less than 12 months.
[Amended 30/08 (P 6/09)]
49 Powers of entry and search
The Permanent Secretary, or any police officer not below the rank of inspector of police
authorised by the Commissioner of Police may, for the purposes of this Act –
(a) enter the premises of any authorised person or of any person carrying on the
business of a producer, manufacturer, seller or distributor of any dangerous drug;
(b) require the production of and inspect any book or document required to be kept
under this Act or any regulations made under section 60;
(c) inspect any stock of any dangerous drug.
50 Issue of a search warrant and presumptions
(1) Where a Magistrate is satisfied by information on oath that there is reasonable ground
for suspecting that an offence has been or may be committed against this Act, he may grant a
search warrant authorising any police officer named in the warrant, at any time, within one month
from the date of the warrant, to enter, with assistants and if need be by force, the premises
named in the warrant and to search them and any person found there and, if there is reasonable
ground for suspecting that an offence against this Act has been committed, to seize any drug,
pipe, utensil, article or related thing found on the premises or in the possession of any such
person.
(2) Where upon entry into any premises under subsection (1) it is found that such
premises are equipped with such unusual or unusually numerous contrivances or means as are
calculated to prevent or obstruct an entry or to enable persons therein to observe or ascertain the
approach of any person, or to give alarm or facilitate escape from such premises, or if all doors,
windows and means of entry are so bolted or obstructed that, even with the use of force, access
to the premises is abnormally delayed, it shall be presumed, until the contrary is proved, that the
premises are used for the smoking, inhaling, sniffing or consumption of dangerous drugs and that
the occupier, if any, of those premises has facilitated such use.
(3) Where upon entry into any premises under subsection (1) –
(a) any dangerous drug or any pipe, utensil or thing for use in connection with the
smoking, inhaling, sniffing or consumption of dangerous drugs is found therein;
(b) any person is seen to escape from those premises on the approach or entry of a
police officer; or
(c) any person having authority under the search warrant to enter such premises is
unlawfully prevented from or obstructed or delayed in entering or approaching
such premises,
it shall be presumed, until the contrary is proved, that the premises are used for the smoking,
inhaling, sniffing or consumption of dangerous drugs.
51 Powers of seizure
(1) Where any person is arrested either in pursuance of a warrant for his arrest or of the
powers conferred by section 57, any police officer or customs officer may seize and detain any
plant or substance reasonably suspected by him to be a dangerous drug and found in the
possession of the arrested person or in such circumstances that it may reasonably be inferred
that the arrested person was in possession of it shortly before his arrest.
(2) The powers of seizure and detention conferred by subsection (1) shall also extend to
any materials, equipment, devices and other movables fit and intended for use in connection with
the commission of the offence for which the person is arrested or reasonably suspected of having
been used in its commission and which may be found in the possession of the arrested person or
in the circumstances mentioned in that subsection.
(3) Any dangerous drug seized in pursuance of this subsection shall be dealt with in
accordance with section 58.
52 Unlawful consignments by post
(1) Where a magistrate is satisfied by information on oath that there is reasonable ground
to suspect that an unlawful consignment of dangerous drugs is being forwarded through postal
services, he may grant a warrant authorising any police officer or proper officer to carry out, at
any time, inspections in the postal services in order to detect that consignment and whenever
such inspections disclose a reasonable suspicion that a particular postal package is in fact such a
consignment, a police officer or proper officer may proceed to open and detain the consignment
for further investigation.
[Amended 17/07]
(2) For the purposes of this section, “proper officer” means the “proper officer” referred to
in the Customs Act.
[Added 17/07]
53 Body and luggage searches
(1) Subject to subsection (2), any police officer or customs officer may at any point of
entry into Mauritius carry out body searches and searches of luggage whenever he has reason to
suspect that a person seeking to enter Mauritius may be concerned in the commission of an
offence against this Act.
(2) No woman shall be subjected to body search except by a woman police officer,
woman customs officer or a police wardress.
54 Drugs concealed in the body
(1) Where a Magistrate is satisfied by information on oath from a police officer not below
the rank of superintendent of police that a person is reasonably suspected of having concealed
any dangerous drug inside his body, he may make an order for that person to be submitted to –
(a) such medical examination including X-ray or other tests as may be necessary to
detect the substance; and
(b) such medical treatment as may be considered appropriate in the circumstances.
(2) The medical practitioner who conducts any examination under subsection (1)(a) shall
forthwith submit an official report thereon to the police officer.
(3) Any person who refuses to submit to such a medical examination shall commit an
offence and shall on conviction be liable to a fine not exceeding 100,000 rupees and to
imprisonment for a term not exceeding 10 years.
[Amended 30/08 (P 6/09)]
55 Controlled delivery
(1) A police officer not below the rank of superintendent of police may authorise the
passage or entry into Mauritius of any consignment of dangerous drugs suspected of being
dispatched with a view to the commission of an offence under this Act, for the purpose of
identifying the persons involved in the commission of such an offence.
(2) The police officer may, if he thinks fit, cause the consignment to be lawfully
intercepted and allowed to proceed upon its way either intact or after seizure of the dangerous
drugs contained therein and may also direct their replacement by substances other than
dangerous drugs.
(3) The exercise of any of the powers contained in this section shall afford no defence to
any person charged with an offence under section 30 or with conspiracy to commit any such
offence.
56 Powers of investigation
 (1) Where a Judge in Chambers is satisfied by information on oath that there is
reasonable ground to suspect that an offence under sections 30, 33, 35, 36 or 39 has been or is
likely to be committed, he may issue a warrant authorising, any police officer to –
(a) tap or place under surveillance, for a period not exceeding 6 months, the
telephone lines used by persons suspected of participation in any of those
offences;
(b) have access to the computer systems used by persons suspected of
participation in any of the offences referred to and place them under surveillance;
(c) place a bank account under surveillance when it is suspected of being used for
operations related to any of the offences referred to;
(d) have access to all bank, financial and commercial records that may reasonably
concern transactions related to any of those offences.
(2) Notwithstanding any other enactment, no person shall, on grounds of professional
secrecy or otherwise refuse to comply with the requirements of a warrant issued under
subsection (1).
57 Arrest without warrant and detention
Any police, forest or customs officer may, without warrant arrest any person who has
committed or attempted to commit, or is reasonably suspected by any such officer of having
committed or attempted to commit an offence under this Act, where that officer has reasonable
grounds for believing that the person will abscond unless arrested or where the name and
address of that person are unknown and cannot be readily ascertained.
58 Conservation and sample-taking of dangerous drugs
(1) (a) Any person who effects a seizure under section 5 or 51 shall –
(i) as soon as they are discovered, place any drugs under seal in the presence
of the accused, or if that is impossible, in the presence of 2 witnesses;
(ii) secure the drugs and other items of evidentiary value in such manner as to
prevent their fraudulent removal;
(iii) number each sealed item and keep it in a place of safety in police custody;
(iv) write on its wrapping or on a label affixed thereon, the description of the
dangerous drugs that it contains, together with an indication of their nature
and weight, as well as, where appropriate, the number of the packages in
which the dangerous drugs are contained.
(b) Any such person shall immediately draw up and sign a written report which shall
–
(i) mention the date, place and circumstances of the discovery,
(ii) describe the dangerous drugs seized;
(iii) specify their weight;
(iv) give the number of evidentiary items prepared; and
(v) state the place at which the evidentiary items will be deposited.
(c) The items of evidentiary value shall be stored in appropriate conditions
for the prevention of theft and other forms of misappropriation, as well as of
accidental deterioration.
(d) Any subsequent movement of the evidentiary items shall require the preparation
of a written report describing it, specifying its purpose and stating either that the
evidentiary items and wrappings are unbroken and that their number corresponds
to that indicated in the report on the seizure, or that evidentiary items have
disappeared or deteriorated and the changes that they have undergone.
(2) If the police officer in charge of an investigation requires the report of an expert in
order to determine the nature, composition and content of active principles in any dangerous
drugs seized, he shall obtain it as soon as possible after the seizure in order to limit the risks of
physical or chemical alteration.
 (3) (a) Any dangerous drugs and other items of evidentiary value seized shall be kept in
a place of safety in police custody until they are produced in Court.
(b) Where the dangerous drugs seized are not the subject matter of any
prosecution, they shall be destroyed forthwith.
(c) The police officer in charge of carrying out the destruction shall certify in a written
report that the dangerous drugs have been destroyed.
59 Admissibility of certain evidence
Notwithstanding any other enactment, it shall be competent for any police officer who is or
has recently been attached for duty to the Anti Drug and Smuggling Unit to give evidence in any
Court upon a prosecution for an offence under this Act as to the street value in Mauritius of any
dangerous drug and as to the demand for, availability of and other circumstances pertaining to its
sale and distribution and the court may, if it thinks fit, act upon that evidence.
PART V – MISCELLANEOUS
60 Regulations
(1) The Minister may make such regulations as he thinks fit for the purposes of this Act.
(2) Regulations made under this Act may provide for the –
(a) prescribing of anything which by this Act may be or is to be prescribed;
(b) amendment of the Schedules;
(c) conferment of exemptions from measures of control as provided by section 3(5);
(d) levying of fees and the issuing of licences.
61 Repeal
The following enactments are repealed –
(a) the Dangerous Drugs Act 1986;
(b) the Psychotropic Substances Act; and
(c) the Dangerous Drugs Act 1995.
(ii) where the offence is in respect of a dangerous drug specified in Part II of
Schedule I, to a fine not exceeding one million rupees together with penal
servitude for a term which shall not be less than 5 years and not more than
20 years.
(2) Nothing in this section shall render unlawful the act of a police officer, in the execution
of his duty for the detection of offences, in offering to buy any dangerous drug.
62 Transitional provisions
(1) All proceedings in respect of offences committed or alleged to have been committed
against an enactment repealed by this Act may be commenced or continued as if this Act has not
come into operation.
(2) Any certificate, licence, permit or authorisation issued under any enactment repealed
by this Act shall remain valid for the period for which the certificate, licence, permit or
authorisation was issued.
(3) Any order, application or report made under section 39 of the Dangerous Drugs Act
shall be deemed to have been made under section 45 of this Act and shall be dealt with in
accordance with this Act as if the order, application or report was made under this Act.
63 –
______________

SCHEDULE I
(sections 2, 3, 6, 7, 12 and 30)
Part I
Amfetamine Mecloqualone
Cannabis (also named as Gandia or Indian Hemp) Methaqualone
Dexamtetamine Secobarbital
Fenetylline

[Amended GN 188/04]
Part II
Acetyl-alpha-methylfentanyl Methcathinone
Alphacetylmethadol 4-methylaminorex
Alpha-methylfentanyl 3-methylfentanyl
Beda-hydroxyfentanyl 3-methylthiofentanyl
Beta-hydroxy-3-methylfentanyl MMDA
Brolamfetamine MPPP
Cannabis Resin N-ethyl MDA
Cathinone N-hydroxy MDA
Coca bush Opium
Coca leaf Opium Poppy
Cocaine Oronabinol
Concentrate of Poppy Straw Parafluorofentanyl
Desmorphine Parahexyl
DET PCE
DMA PCPY
DMHP PEPAP
DMT PHP
DOET Phencyclidine
Ecgonine, its esters and derivatives Phenmetrazine
Eticyclidine PMA
Etorphine Psilocine
Etryptamine Psilocybine
Heroin Psilotsin
Ketobemidone Rolicyclidine
Levamfetamine STP, DOM
Levomethamphetamine TCP
(+) – Lysergide Tenamfetamine
MDMA Tenocyclidine
Mescaline Thiofentanyl
Metamfetamine TMA
Metamfetamine Racemate Zipeprol
______________

SCHEDULE II
(sections 2, 3, 4, 7, 8, 12, 18, 20, 22)
Acetyldihydrocodeine Drotebanol Norcodeine
Acetylmethadol Ethylmethilthiambutene Norlevorphanol
Alfentanil Ethylmorphine Normethadone
Allylprodine Etonitazene Normorphine
Alphameprodine Etoxeridine Norpipanone
Alphamethadol Fentanyl Oxycodone
Alpha-methylthiofentanyl Furethidine Oxymorphone
Alphaprodine Hydrocodone Pethidine
Anileridine Hydromorphinol Pethidine-Intermediate A
Benzylmorphine Hydroxypethidine Pethidine-Intermediate B
Betameprodine Levomethorphan Pethidine-Intermediate C
Betaprodine Levophenacylmorphan Phenadoxone
Bezitramide Levorphanol Phenampromide
Buprenorphine Metazocine Phenazocine
Clonitazene Methadone Phenomorphan
Codeine Methadone-Intermediate Phenoperidine
Codoxime Methyldesorphine Pholcodine
Dextromoramide Methyldihydromorphine Piminodine
Dextropropoxyphene Methylphenidate Piritramide
Diampromide Metopon Proheptazine
Diethylthiambutene Moramide-Intermediate Properidine
Difenoxin Morpheridine Propiram
Dihydrocodeine Morphine Racemethorphan
Dihydromorphine Morphine Methobromide Racemoramide
Dimenoxadol Morphine-N-Oxide Racemorphan
Dimephepatanol Myrophine Sufentanil
Dimethylthiambutene Nicocodine Thebacon
Dioxaphevylbutyrate Nicodicodine Thebaine
Diphenoxylate Nicomorphine Tilidine
Dipipanone Noracymethadol Trimeperidine

[Amended GN 188/04]

________________

SCHEDULE III
(sections 2, 3, 4, 7, 8, 12, 18, 22)
Allobarbital Ethchlorvynol Nimetazepam
Alprazolam Ethinamate Nitrazepam
Amfepramone Ethyl Loflazepate Nordazepam
Aminorex Etilamfetamine Oxazepam
Amobarbital Fencamfarmin Oxazolam
Barbital Fenproporex Pemoline
Benzfetamine Fludiazepam Pentazocine
Bromazepam Flunitrazepam Pentobarbital
Brotizolam Flurazepam Phendimetrazine
Butalbital Glutethimide Phenobarbital
Butobarbital Haloxazolam Phentermine
Camazepam Ketazolam Pinazepam
Cathine Lefetamine Prazepam
Chlordiazepoxide Loprazolam Pyrovalerone
Clobazam Lorazepam Secbutabarbital
Clobenzofex Lormetazepam Temazepam
Clonazepam Mazindol Tetrazepam
Clorazepate Medazepam Tramadol
Clotiazepam Mefenorex Triazolam
Cloxazolam Meprobamate Vinylbital
Cyclobarbital Mesocarb Zolpidem
Delorazepam Methylphenobarbital Zopiclone
Diazepam Methyprylon
Estazolam Midazolam
______________

SCHEDULE IV
(sections 2, 3, 12, 27)
Acetic anhydride Methyl Ethyl Ketone
Acetone N-Acetylanthranilic acid
Anthranilic acid Phenylacetic acid
 Ephedrine Piperidine
Ergometrine Piperonal
Ergotamine Potassium permanganate
Ethyl Ether Pseudoephedrine
Hydrochloric acid Safrole
Isosafrole Sulfuric acid
1 phenil-2-propanone Toluene
Lysergic acid 3,4 Methylendioxy-phenyl-2
propanone
______________

SCHEDULE V
(sections 2, 3)

1 Preparations of Acetyldihydrocodeine,
Codeine,
Dihydrocodeine,
Ethyhnorphine,
Nicodicodine,
Norcodeine, and
Pholcodine
when compounded with one or more other ingredients and containing not more than 100 milligrams of the
drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations.
2 Preparations of propiram containing not more than 100 milligrams of propiram per dosage unit and
compounded with at least the same amount of methylcellulose.
3 Preparations of cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine base
and preparations of opium or morphine containing not more than 0.2 per cent of morphine calculated as
anhydrous morphine base and compounded with one or more other ingredients and in such a way that the
drug cannot be recovered by readily applicable means or in a yield which would constitute a risk to public
health.
4 Preparations of difenoxin containing, per dosage unit, not more than 0.5 milligram of difenoxin and a
quantity of atropine sulphate equivalent to at least 5 per cent of the dose of difenoxin.
5 Preparations of diphenoxylate containing, per dosage unit, not more than 2.5 milligrams of
diphenoxylate calculated as base and a quantity of atropine sulphate equivalent to at least one per cent of
the dose of diphenoxylate.
6 Pulvis ipecacuanhae et opii compositus
10 per cent opium in powder
10 per cent ipecacuanha root, in powder well mixed with 80 per cent of any other powdered
ingredient containing no drug.
7 Preparations conforming to any of the formulae listed in this Schedule and mixtures of such
preparations with any material which contains no drug.
8 Preparations of dextropropoxyphene for oral use containing not more than 135 milligrams of
dextropropoxyphene base per dosage unit or with a concentration of not more than 2.5 per cent in undivided
preparations, provided that such preparations do not contain any substance controlled under the 1971
Convention on Psychotropic Substances.
______________

SCHEDULE VI
(section 31)
Custody Record
 1 Entries shall be made in the Custody Record in respect of all matters relevant to the detention of
the arrested person. In particular, the entries shall be made in respect of the following –
(a) an accurate record of the time and place of –
(i) the arrest;
(ii) the issue of the direction under section 31 and
(iii) each interview, including any interview immediately following his arrest, of the
person detained;
(b) the place or places where the interview takes place;
(c) the time at which the interview begins and the time at which it ends;
(d) any break during the interview;
(e) the names of persons present at the interviews;
(f) the time and reason for any transfer of the detained person from one place of custody to
another as well as the time at which the detention ends;
(g) any property secured from the person on his arrest or during his detention;
(h) the name and rank of the police officer upon whose authority any action in relation to the
detained person is taken; and
(i) the ground or grounds, set out in section 31(2), on which the detention is based.
2 The Custody Record shall be opened as soon as practicable after the start of a person’s
detention under section 31.
3 The person making an entry in the Custody Record shall insert the time at which the entry is
made and his signature against the entry made.
4 The Custody Record or copy of the Record shall accompany a detained person to any other
place where he is transferred.
5 A copy of the Custody Record shall be supplied to the person detained or his legal
representative as soon as is practicable after he or the representative makes a request upon his release
from detention or his being taken to court.
6 The person detained shall be allowed to check and made to insert his signature in respect of
any entry in the Custody Record.
7 Any entry shall be made in respect of any refusal of the person detained to insert his signature
where such signature is required.
8 Entries in the Custody Record shall be made as soon as practicable after the occurrence of the
events to which they relate.
9 A police officer not below the rank of Inspector shall be responsible for ensuring the accuracy
and completeness of the Custody Record and that the Custody Record or a copy of the Record
accompanies the detained person on his transfer.
10 Entries in a computerised Custody Record shall be timed and contain evidence of the computer
operator’s identity.

________________

SCHEDULE VII
(section 31(5))
Video Recording
1 The video recording of the detained person during his period of detention under section 31 shall
be carried out in such manner as to constitute an accurate, continuous and uninterrupted record of the
whole period of his detention, including his movements, interviews and statements.
2 When issuing the direction for detention under section 31, the Police Officer shall make
arrangements for the video recording of the person detained during the whole of the period of his detention.
3 The Police Officer shall, for the purposes of the video recording, designate a recording officer
under whose responsibility and control the video recording shall be conducted.
4 The recording officer shall be responsible to start, without delay and immediately after a
direction is issued under section 31, and continue the video recording without any interruption during the
whole of the period of detention.
 5 The recording officer shall, in respect of the video recording, keep a written record of the
following –
(a) the name of the person detained;
(b) the name and rank of the recording officer;
(c) the name of the Police Officer who issued the direction under section 31;
(d) the names of all the persons involved in the video recording;
(e) the identification numbers of the video records used for video recording;
(f) the date, time of commencement, duration and place of –
(i) the detention; and
(ii) the recording;
(g) the place at which the video records are kept;
(h) particulars for the movement of the video records.
6 Where the person detained raises any objection during his period of detention or makes any
statement, the whole of his objection or statement shall be recorded.
7 (a) The video record, referred to herein as the master video record, shall be sealed, with a
label specifying that the record is a master video record, in the presence of the detained person at the
end of his period of detention.
(b) The recording officer shall sign the label and ask the detained person and any third party
present to sign the label.
(c) Where the detained person or the third party refuses to sign the label, another person may
be asked to sign it.
8 (a) Where more than one video record is used, the recording officer shall ensure that all the
video records are properly identified and labelled.
(b) This shall be done by marking the video records with an identification number immediately
after they are removed from the recorder.
9 The recording officer shall make arrangements for the video records to be kept securely under
lock and key under the responsibility of an officer designated for that purpose.
______________