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Chapter 49: Dangerous Drugs

Table Of Contents  

[49.0] Introduction 

This chapter will examine all offences under the Dangerous Drugs Act (Ch. 98). 

For the purpose of consistency the offences under the Dangerous Drugs Act (Ch. 98) should be interpreted  

'in accordance with the Interpretation and General Provisions Act and the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith', see section 3 of the Penal Code (Ch. 26). 

See: Misuse Of Drugs Act 1971 (UK). 

Section 39(3) of the Dangerous Drugs Act (Ch. 98) states (in part): 

'No person shall be proceeded against under paragraph (a) of subsection (1) [ie., the commission of an act in contravention of or failure to comply with any of the provisions of the Dangerous Drugs Act or any rule made under that Act] unless the proceedings are instituted by, or with the consent of, the Director of Public Prosecutions.' (emphasis added) [words in brackets added] 

Section 76(1) of the Criminal Procedure Code (Ch. 7) states: 

'Proceedings may be instituted either by the making of a complaint or by the bringing before a Magistrate of a person who has been arrested without warrant.' (emphasis added) 

Therefore, in order to comply with section 39(3) of the Dangerous Drugs Act (Ch. 98), consent of the Director of Public Prosecutions is required to be obtained prior to the institution of proceedings in respect of all offences, other than those relating to sections 32 and 39(1)(b). 

However, the consent need not be in writing. Upon consent being given it can be assumed that all necessary and proper inquiries were made prior to giving that consent, see R v Cain & Schollick [1976] QB 496; (1975) 61 CrAppR 186 [[1975] 3 WLR 131; [1975] 2 AllER 900; [1976] CrimLR 464], per Lord Widgery CJ at pages 502 – 503 and 190 respectively. 

Section 44 of the Interpretation & General Provisions Act (Ch. 85) states: 

'Where the consent of an authority is necessary before any proceedings, whether civil or criminal, are commenced, a document giving the consent and purporting to be signed by the authority is evidence that the consent has been given, without proof that the signature to the document is that of the authority.' 

See also: R v Angel [1968] 2 AllER 607; [1968] 1 WLR 669; (1968) 52 CrAppR 280. 

If such consent is not obtained prior to the institution of proceedings, a prosecutor should seek leave of the Court to withdraw the charge. 

See also: R v Robert Maebinua (Unrep. Criminal Review Case No. 160 of 1999; Kabui J; at page 7) & R v Fofei Fiuwane (Unrep. Criminal Review Case No. 355 of 1999; Kabui J). 

The jurisdiction of the Courts in respect of offences under the Dangerous Drugs Act (Ch. 98) is examined commencing on page 14. 

Section 39(6) of the Dangerous Drugs Act (Ch. 98) states: 

'Notwithstanding any enactment prescribing the time within such proceedings may be brought, any such proceedings for an offence against this Act may be brought either within the time so specified or three months from the date on which evidence sufficient in the opinion of the Director of Public Prosecutions to justify a prosecution for the offence, comes to his knowledge, whichever is the longer; and for the purposes of this subsection, a certificate purporting to be signed by the Director of Public Prosecutions as to the date on which such evidence as aforesaid comes to his knowledge, shall be conclusive evidence thereof. This provision of this subsection shall apply to proceedings for attempting or soliciting or inciting another person to commit such an offence, as they apply to proceedings for such an offence.' (emphasis added) 

It should be noted that section 206 of the Criminal Procedure Code (Ch. 7) has no application because the maximum punishment for the commission of offences under the Dangerous Drugs Act (Ch. 98) is a fine of two thousand dollars or to imprisonment for ten years, or to both such fine and imprisonment, as provided for under section 39(2) of that Act. 

Therefore, all offences under the Dangerous Drugs Act (Ch. 98) should come to the knowledge of the Director of Public Prosecutions. 

Refer also to the law relating to the 'Institution Of Proceedings' which is examined commencing on page 110.

[49.1] Importation & Exportation

[49.1.1] Part I 

[A] Offences 

Section 4(2) of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall import or export any of the substances to which this Part of this Act applies.' 

[B] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did [import or export] a substance to which Part I of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'].' 

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Import; or 

[ii] Export 

E. A Substance To Which Part I Of The Dangerous Drugs Act (Ch. 98) Applies 

[49.1.2] Part II 

[A] Offences 

Section 11 of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall import or export any prepared opium, or any pipes or other utensils for use in connection with the smoking of opium, or any utensil for use in connection with the preparation of opium for consumption.'

[B] Wording Of Charges

'[Name of Defendant] at [Place] on [Date] did [import or export] [prepared opium, (pipes or utensils) for use in connection with the smoking of opium or utensils for use in connection with the preparation of opium for consumption].'

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Import; or 

[ii] Export 

E.         [i] Prepared Opium; 

[ii]        [1] Pipes; or 

[2] Utensils 

For Use In Connection With The Smoking Of Opium; or 

[iii] Utensils For Use In Connection With The Preparation Of Opium For Consumption

[49.1.3] Part III

[A] Offences 

Section 14 of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall import or export any substance to which this Part of this Act applies, except in accordance with sections 22 to 30.' 

[B] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [import or export] a substance to which Part III of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'] not in accordance with sections 22 to 30 of the said Act.' 

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Import; or 

[ii] Export 

E. Substance To Which Part III of the Dangerous Drugs Act (Ch. 98) Applies 

F. Not In Accordance With Sections 22 To 30 Of The Dangerous Drugs Act (Ch. 98)

[D] Defence 

The defendant must prove on the 'balance of probabilities' that he/she was acting in accordance with sections 22 to 30 of the Dangerous Drugs Act (Ch. 98). 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83. 

[49.1.4] Export Authorisation 

[A] Offence 

Section 23 of the Dangerous Drugs Act (Ch. 98) states: 

'No dangerous drug to which this Part of this Act applies shall be exported from Solomon Islands unless the exporter is in possession of a valid and subsisting export authorization relating to such drug granted under this Act.' 

[B] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] not being in possession of a valid and subsisting export authorization did export from Solomon Islands a dangerous drug to which Part III of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'].' 

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D. Not Being In Possession Of A Valid & Subsisting Export Authorisation 

E. Export From Solomon Islands 

F. Dangerous Drug To Which Part III Of The Dangerous Drugs Act (Ch. 98) Applies

[D] Defence 

The defendant must prove on the balance of probabilities that he/she was in possession of a valid and subsisting export authorisation as provided for by section 22 of the Dangerous Drugs Act (Ch. 98). 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.1.5] Exportation Generally 

[A] Offences 

Section 25 of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall export, cause to be exported, or take any steps preparatory to exporting, any dangerous drug from Solomon Islands except in accordance with and in pursuance of the provisions of this Act.'

[B] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [export, cause to be exported or take steps preparatory to exporting] a dangerous drug to wit [specify the 'dangerous drug'] other than in accordance with and in pursuance of the provisions of the Dangerous Drugs Act (Ch. 98).'

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Export; 

[ii] Cause To Be Exported; or 

[iii] Take Steps Preparatory To Exporting 

E. Dangerous Drug 

F. Other Than In Accordance With And In Pursuance Of The Provisions Of The Dangerous Drugs Act (Ch. 98)

[D] Defence 

The defendant must prove on the 'balance of probabilities' that he/she was exporting, etc., in accordance with and in pursuance of the provisions of the Dangerous Drugs Act (Ch. 98) 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.1.6] Importation Generally 

[A] Offences 

Section 30 of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall import, cause to be imported, or take any steps preparatory to importing, any dangerous drug to which this Part of this Act applies into Solomon Islands except in accordance with the provisions of this Act.'

[B] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [import, cause to be imported or take steps preparatory to importing] a dangerous drug to which Part III of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'] into Solomon Islands not in accordance with the provisions of the said Act.'

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Import; 

[ii] Cause To Be Imported; or 

[iii] Take Steps Preparatory To Importing 

E. Dangerous Drug To Which Part III Of The Dangerous Drugs Act (Ch. 98) Applies 

F. Into Solomon Islands 

G. Not In Accordance With The Provisions Of The Dangerous Drugs Act (Ch. 98)

[D] Defence 

The defendant must prove on the 'balance of probabilities' that he/she was importing, etc., in accordance with and in pursuance of the provisions of the Dangerous Drugs Act (Ch. 98)

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.1.7] Seeds Or Portions Of Plants 

[A] Offences 

Section 5 of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall import or export any seed of the opium poppy or any seed of Indian hemp or any seed of the cocoa leaf or any portion of the aforesaid plants.' 

[B] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [import or export] a [seed or portion] of [the opium poppy, Indian hemp or the cocoa leaf].'

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Import; or 

[ii] Export 

E.         [i] Seed; or 

[ii] Portion 

F.         [i] Opium Poppy; 

[ii] Indian Hemp; or 

[iii] Cocoa Leaf

[49.1.8] Import 

The term 'Import' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'to bring or cause to brought into Solomon Islands otherwise than in transit'. (emphasis added) 

See: R v Jackeman (1983) 76 CrAppR 223. 

The term 'In Transit' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'taken or sent from any country and brought into Solomon Islands (whether or not landed or transhipped in Solomon Islands) for the sole purpose of being carried to another country, either by the same or another conveyance'.

[49.1.9] Export 

The term 'Export' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'to take or cause to be taken out of Solomon Islands otherwise than in transit'. (emphasis added)

[49.1.10] Dangerous Drug To Which Part I Applies 

Section 4(1) of the Dangerous Drugs Act (Ch. 98) states: 

'The provisions of this Part of this Act ['Part I'] shall apply to raw opium, coca leaf and Indian hemp and resins obtained from Indian hemp and preparations of which such resins form the base.' (emphasis added) [words in brackets added]

[49.1.11] Dangerous Drug To Which Part III Applies 

Section 13(1) of the Dangerous Drugs Act (Ch. 98) states (in part): 

'The provisions of this Part of this Act ['Part III'] shall apply to the following substances – 

(a)                medicinal opium; 

(b)               any extract or tincture of Indian hemp; 

(c)                morphine and its salts and diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine and their respective salts; 

(d)               cocaine (including synthetic cocaine) and ecgonine and their respective salts and the esters of ecgonine and their respective salts; 

(e)                any dilution or solution of morphine or cocaine or their salts in an inert substance, whether liquid or solid, containing any proportion of morphine or cocaine; and any preparation, admixture, extract or other substance (not being such a dilution or solution as aforesaid) containing not less than one – fifth per centum of morphine or one – tenth per centum of cocaine or of ecgonine; 

(f)                any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine; 

(g)               dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphinone, acetyldihydrocode --none, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine–N–oxide (commonly known as genomorphine), the morphine-N-oxide derivatives and any other pentavalent nitrogen morphine derivatives; 

(h)               thebaine and its salts and (with the exception of methymorphine, commonly known as codeine, and ethylmorphine, commonly known as dionin, and their respective salts) benzylmorphine and other esters of morphine and their respective salts; 

(i) any preparation, admixture, extract or other substance containing any preparation of any of the substances mentioned in paragraph (g) or in paragraph (h) of this subsection.' [words in brackets added]

[49.1.12] Proof Of A Dangerous Drug 

The term 'Dangerous Drug' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'any of the substances which may be from time to time subject to the provisions of this Act'. 

The following 'dangerous drugs' are defined in section 2 of the Dangerous Drugs Act (Ch. 98): 

'cocaine'; 'coca leaf'; 'crude cocaine'; 'diacetylmorphine'; 'ecgonine'; 'Indian hemp'; 'medical opium'; 'morphine'; 'prepared opium' and 'raw opium'. 

The prosecution may prove that a drug was a 'dangerous drug' beyond reasonable doubt by: 

[i] the production of a certificate under the hand of a Government chemist. 

Section 42 of the Dangerous Drugs Act (Ch. 98) states: 

'In any proceedings under this Act the production of a certificate purporting to be signed by a Government chemist shall be prima facie evidence of the fact therein stated'. 

Such a certificate should include: 

[a] the academic qualifications for identifying the 'dangerous drug' in question; 

[b] the recognised method or methods used for such identification; and 

[c] the quantity of the 'dangerous drug' and purity, if applicable. 

or 

[ii] relying on an admission of a defendant in appropriate circumstances. 

A written or oral statement of a defendant may be sufficient evidence of proof, provided he/she has sufficient knowledge of the 'dangerous drug' in question from previous experience, see R v Chatwood & others (1980) 70 CrAppR 39; [1980] 1 WLR 870; [1980] 1 AllER 467; [1980] CrimLR 46 & R v Dillon [1983] 2 QdR 627.

  The questions that should be asked are as follows: 

 [a] What is your knowledge of this 'dangerous drug'? 

[b] Have you smoked or taken this 'dangerous drug'? 

 [c] How did you feel after having smoked or taken this 'dangerous drug'? 

 [d] Over what period of time is your experience with this 'dangerous drug'? 

 [e] What 'dangerous drug' do you believe it is?

[49.2] Grow

[49.2.1] Offence 

Section 8(a) of the Dangerous Drugs Act (Ch. 98) states: 

'Every person growing opium poppy, Indian hemp or cocoa leaf shall be guilty of an offence against this Act.'

[49.2.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did grow [opium poppy, Indian hemp or cocoa leaf].'

[49.2.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Grow 

E.         [i] Opium Poppy; 

[ii] Indian Hemp; or 

[iii] Cocoa Leaf

[49.2.4] Dates Of Offences 

The growing of a dangerous drug will invariably be over a period of time. In such circumstances the prosecution should charge the defendant with committing the offence 'between specified dates', ie., between the date that the seed was planted and the date the drug was located by the investigating police officer. 

The law relating to charging defendants with 'Between Dates' is examined on page 86.

[49.2.5] Grow 

The term 'Grow' is not defined in the Dangerous Drugs Act (Ch. 98) or the Interpretation & General Provisions Act (Ch. 85). 

The 'natural and ordinary' meaning of that term in the context of this section would include cultivating which involves bestowing labour and attention upon the land in order to promote the growth of the plants. It is a continuing activity which begins with the preparation of the soil before the planting of the seeds and ends with the harvesting of the plant. The watering of plants has been held to constitute cultivation, see R v O'Dempsey [1982] QdR 174 & R v Kirkwood [1982] QdR 158.

[49.2.6] Proof Of A Dangerous Drug 

The law relating to the 'Proof Of A Dangerous Drug' is examined commencing on page 762. 

[49.3] Possess Or Sell Or Give -- Part I

[49.3.1] Offences 

Section 8(b) of the Dangerous Drugs Act (Ch. 98) states: 

'Every person found in possession of or selling, or who shall have given or sold to any person any substance to which this Part of this Act applies, shall be guilty of an offence against this Act.'

[49.3.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] [was found in possession of or (did sell, did give or had sold) to a person namely (specify the name of this person)] a substance to which Part I of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'].'

[49.3.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Was Found In Possession; or 

[ii]        [1] Did Sell; 

[2] Did Give; or 

[3] Had Sold

 To Another Person 

E. A Substance To Which Part I Of The Dangerous Drugs Act (Ch. 98) Applies

[49.3.4] Possession

 The terms 'Possession' and 'Found In Possession' are not defined in either the Dangerous Drugs Act (Ch. 98) or the Interpretation and General Provisions Act (Ch. 85): 

In Director of Public Prosecutions v Brooks [1974] AC 862; (1974) 59 CrAppR 185 [[1974] 2 WLR 899; [1974] 2 AllER 840; [1974] CrimLR 364] Lord Diplock stated at pages 866 and 187 respectively: 

'In the ordinary use of the word "possession", one has in one's possession whatever is, to one's own knowledge, physically in one's custody or under one's own physical control.' 

In R v Boyesen [1982] AC 768; (1982) 75 CrAppR 51 [[1982] 2 WLR 882; [1982] 2 AllER 161; [1982] CrimLR 596] Lord Scarman stated at pages 773 – 774 & 57 respectively: 

'Possession is a deceptively simple concept. It denotes a physical control or custody of a thing plus knowledge that you have it in your custody or control. You may possess a drug without knowing or comprehending its nature: but you do not possess it unless you know you have it.' (emphasis added) 

In R v Ashton – Rickardt [1978] 1 AllER 173; [(1977) 65 CrAppR 67; [1978] 1 WLR 37; [1977] CrimLR 424] the Court of Appeal held per Roskill LJ at pages 176 – 177: 

'In Warner v Metropolitan Police Commissioner [1968] 2 AllER 356; [1969] 2 AC 256; [1969] 2 QB 256; (1968) 52 CrAppR 373] it was laid down that there could not be possession of a controlled drug unless the accused person knew that the 'thing' which was alleged to contain the controlled drug is in his possession, that knowledge of the presence of the 'thing' in question was an essential prerequisite to possession and that therefore the Crown had to prove, as part of its proof of possession of the controlled drug, knowledge that the thing (which was in fact a controlled drug) was there. As was pointed out, and indeed had been pointed out by Lord Parker CJ, how can you have possession of something of the existence of which you do not know?' (emphasis added) 

In R v McNamara (1988) 87 CrAppR 246 Lord Lane CJ, delivering the judgment of the Court stated at pages 250 – 251: 

'Unhappily it is not altogether easy to extract from the speeches of their Lordships [in Warner v Metropolitan Police Commissioner [1968] 2 AllER 356; [1969] 2 AC 256; [1969] 2 QB 256; (1968) 52 CrAppR 373] the ratio decidendi. But doing the best we can, and appreciating that we may not have done full justice to the speeches, the following propositions seem to us to emerge. 

First of all a man does not have possession of something which has been put into his pocket or into his house without his knowledge: in other words something which is "planted" on him, to use the current vulgarism. Secondly, a mere mistake as to the quality of a thing under the defendant's control is not enough to prevent him being in possession. For instance, if a man is in possession of heroin, believing it to be cannabis or believing it perhaps to be aspirin. 

Thirdly, if a the defendant believes that the thing is of a wholly different nature from that which in fact it is, then the result, to use the words of Lord Pearce, would be otherwise. Fourthly, in the case of a container or a box, the defendant's possession of the box lends to the strong inference that he is in possession of the contents or whatsoever it is inside the box. But if the contents are quite different in kind from what he believed, he is not in possession of it. 

"… the prima facie assumption is discharged if he proves (or raises a real doubt in the matter) either (a) that he was a servant or bailee who had no right to open it and no reason to suspect that its contents were illicit or were drugs or (b) that although he was the owner he had no knowledge of (including a genuine mistake as to) its actual contents or of their illicit nature and that he received them innocently and also that he had had no reasonable opportunity since receiving the package of acquainting himself with its actual contents."' 

In R v Wright (1976) 62 CrAppR 169 MacKenna J, delivering the judgment of the Court, held at page 173: 

'If a person is handed a container and at the moment when he receives it does not know or suspect, and has no reason to suspect, that it contains drugs, and if, before he has time to examine the contents, he is told to throw it away and immediately does so, he cannot, in our opinion, be said to have been in possession of the drugs which happened to be inside the container […]. This so even though the instruction to throw away the container, which he instantly obeyed, made him suspect that there was something wrong about its contents.' 

Therefore, a person does not have the prerequisite 'knowledge' if he/she: 

[i] does not know where the thing was; and 

[ii] was not in position to find out. 

In R v Crabbe (1985) 156 CLR 464; (1985) 58 ALR 417; (1985) 16 ACrimR 19 the High Court of Australia stated at pages 470, 421 and 23 respectively: 

'When a person deliberately refrains from making inquiries because he prefer not to have the result, when he wilfully shuts his eyes for fear that he may learn the truth, he may from some purposes be treated as having the knowledge which he deliberately abstained from acquiring.' 

In R v McCalla (1987) 87 CrAppR 372 May LJ, delivering the judgment of the Court, held at page 379: 

'We think that the basic principle underlying those cases is that once one has or possesses something, be it an offensive weapon or a drug, one continues to have or possess it until one does something to rid oneself of having or possessing it; that merely to have forgotten that one has possession of it is not sufficient to exclude continuing to have or possess it.' 

In R v Williams (1978) 140 CLR 591; (1978) 53 ALJR 101 Gibbs and Mason JJ in a single judgment, with whom Jacobs J concurred, stated at pages 600 and 102 respectively: 

'[When an Act creates an] offence of having possession of a dangerous drug or a prohibited plant, without adverting to quantity, it contemplates possession, not of a minute quantity incapable of discernment by the naked eye and detectable only by scientific means, but possession of such a quantity as makes it reasonable to say as a matter of common sense and reality that it is the prohibited plant or drug of which the person is presently in possession.' (emphasis added) [words in brackets added] 

Murphy J stated at pages 603 and 105 respectively: 

'Knowledge by the person charged that he has the prohibited substance is not enough where the amount of material is so small or so dispersed or mixed with other material that it cannot in practice be used in the way contemplated by the Act.' (emphasis added) 

In Donnelly v Rose [1995] 1 QdR 148 the Court of Appeal held at page 149 that: 

·                     The reference to visibility with the naked eye was not intended to be a comprehensive statement of the relevant test as enunciated in R v Williams (supra); 

·                     Passing the visibility test does not necessarily secure success for the prosecution; and 

·                     R v Williams (supra) should be read as requiring an application of a 'common sense and reality' test. 

Therefore, the prosecution must be able to prove 'beyond reasonable doubt' that as a matter of 'common sense and reality' the quantity of dangerous drug in the possession of the defendant was capable of being used. That test is not satisfied simply because the dangerous drug is able to be seen with the naked eye, see R v Carver [1978] 3 AllER 60; [1978] 2 WLR 872. 

The quantity of dangerous drug must be visible, tangible and measurable, see R v Boyesen (supra). 

See also: R v Worsell [1970] 1 WLR 111; (1969) 53 CrAppR 322; [1969] 2 AllER 1183; R v Frederick (1969) 53 CrAppR 455; R v Graham (1978) 67 CrAppR 357; Bocking v Roberts (1978) 67 CrAppR 359; [1974] QB 307; R v Lewis (1988) 87 CrAppR 270; [1988] CrimLR 542; Lockyer v Gibb [1966] 3 WLR 84; R v Warneminde [1982] QdR 49 at page 55 & Maxwell Arthur Schliebs v H Singh [1981] PNGLR 364 at pages 369 – 371.

[49.3.5] Dangerous Drug To Which Part I Applies 

The element 'Dangerous Drug To Which Part I Applies' is examined commencing on page 761. 

[49.4] Manufacture Or Sell Or Deal In Or Possess Or Permit Premises Or Manage Premises Or Smokes Or Use Or Frequent Places

[49.4.1] Offences 

Section 12(1) of the Dangerous Drugs Act (Ch. 98) states: 

'If any person – 

(a)                manufactures, sells or otherwise deals in prepared opium; or 

(b)               has in his possession any prepared opium; or 

(c)                being the occupier of any premises, permits those premises to be used for the preparation of opium for consumption or the sale or smoking of prepared opium; or 

(d)               is concerned in the management of any premises used for any such purposes as aforesaid; or 

(e)                has in his possession any pipes or other utensils for use in connection with the smoking of opium, or any utensil used in connection with the preparation of opium for smoking; or 

(f)                smokes or otherwise uses prepared opium, or frequents any place used for the purpose of opium smoking, 

he shall be guilty of an offence against this Act.'

[49.4.2] Wording Of Charges

Section 12(1)(a) 

'[Name of Defendant] at [Place] on [Date] did [manufacture, sell or deal in] prepared opium.' 

Section 12(1)(b) 

'[Name of Defendant] at [Place] on [Date] did have in [his/her] possession prepared opium.' 

Section 12(1)(c)

 '[Name of Defendant] at [Place] on [Date] being the occupier of premises situated at [describe location] did permit the said premises to be used for the preparation of opium for [consumption, sale or smoking] of prepared opium.' 

Section 12(1)(d) 

'[Name of Defendant] at [Place] on [Date] being concerned in the management of premises situated at [describe location] did permit the said premises to be used for the preparation of opium for [consumption, sale or smoking] of prepared opium.' 

Section 12(1)(e) 

'[Name of Defendant] at [Place] on [Date] did have in [his/her] possession a [(pipe or utensil) for use in connection with the smoking of opium or utensil used in connection with the preparation of opium for smoking].' 

Section 12(1)(f) 

'[Name of Defendant] at [Place] on [Date] did [smoke or use] prepared opium.' 

'[Name of Defendant] at [Place] on [Date] did frequent a place to wit [describe location] used for the purpose of opium smoking.'

[49.4.3] Elements

Section 12(1)(a) 

A. Defendant 

B. Place 

C. Date

D.        [i] Manufacture; 

[ii] Sell; or 

[iii] Deal In 

E. Prepared Opium 

Section 12(1)(b) 

A. Defendant

 B. Place 

C. Date 

D. Possession 

E. Prepared Opium 

Section 12(1)(c) 

A. Defendant 

B. Place 

C. Date 

D. Occupier Of Premises 

E. Permit The Said Premises 

F. To Be Used For The Preparation Of Opium For 

[i] Consumption; 

[ii] Sale; or

[iii] Smoking 

G. Prepared Opium

Section 12(1)(d) 

A. Defendant 

B. Place 

C. Date 

D. Management Of Premises 

E. Permit The Said Premises 

F. To Be Used For The Preparation Of Opium For 

[i] Consumption; 

[ii] Sale; or 

[iii] Smoking 

G. Prepared Opium

Section 12(1)(e) 

A. Defendant 

B. Place 

C. Date 

D. Possession 

E.         [i]         [1] Pipe; or 

[2] Utensil 

For Use In Connection With The Smoking of Opium; or 

[ii] Utensil Used In Connection With The Preparation Of Opium For Smoking

Section 12(1)(f) [Smoke / Use] 

A. Defendant 

B. Place 

C. Date 

D.        [i] Smoke; or 

[ii] Use 

E. Prepared Opium 

Section 12(1)(f) [Frequent] 

A. Defendant

 B. Place 

C. Date 

D. Frequent 

E. Place Used For The Purpose Of Opium Smoking 

[49.4.4] Proof Of A Dangerous Drug 

The law relating to the 'Proof Of A Dangerous Drug' is examined commencing on page 762.

[49.4.5] Possession 

The law relating to the element of 'Possession' is examined commencing on page 765.

[49.4.6] Permit Premises 

The term 'Permit Premises' is not defined in either the Dangerous Drugs Act (Ch. 98) or the Interpretation and General Provisions Act (Ch. 85): 

In R v Brock & Wyner [2001] 2 CrAppR 3 [[2001] 1 WLR 1159; [2001] 2 CrAppR(S) 48; [2001] CrimLR 320] the Court of Appeal held per Rose LJ at page 42: 

'What the prosecution must prove to establish the offence of permitting under section 8(b) [of the Misuse of Drugs Act 1971] is: (i) knowledge, actual or by closing eyes to the obvious, that heroin dealing is taking place; and (ii) unwillingness to prevent it, which can be inferred from failure to take reasonable steps readily available to prevent it.' (emphasis added) [words in brackets added]

[49.4.7] Management Of Premises 

The term 'Management Of Premises' is not defined in either the Dangerous Drugs Act (Ch. 98) or the Interpretation and General Provisions Act (Ch. 85). 

To be concerned in the management of premises simply requires that the defendant is involved in the day - to - day management of such premises, and not necessarily having any legal right as regards ownership of such premises, see R v Josephs & Christie (1977) 65 CrAppR 253.

[49.5] Failure To Keep Stock Book

[49.5.1] Offence 

Section 16(2) of the Dangerous Drugs Act (Ch. 98) states: 

'Any person in possession of any dangerous drug to which this Part of this Act applies, shall keep a stock book in such form as shall be prescribed by rule.'

[49.5.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] who did have in [his or her] possession a dangerous drug to which Part III of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'] did fail to keep a stock book in the form as prescribed in the rule.'

[49.5.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Possession 

E. Dangerous Drug To Which Part III of the Dangerous Drugs Act (Ch. 98) Applies 

F. Fail To Keep A Stock Book In The Form Prescribed By Rule

[49.5.4] Possession 

The law relating to the element of 'Possession' is examined commencing on page 765.

[49.5.5] Dangerous Drug To Which Part III Applies 

The element 'Dangerous Drug To Which Part III Applies' is examined commencing on page 761.

[49.5.6] Stock Book 

At this time there is no form for a 'stock book' prescribed by rule.

[49.6] Delivery Or Withdrawal 

[49.6.1] Offences 

Section 17 of the Dangerous Drugs Act (Ch. 98) states: 

'No dangerous drug to which this Part of this Act applies, shall be delivered or withdrawn from the appointed store except on the written authority of the Permanent Secretary, Ministry of Health & Medical Services or an officer authorized by him as hereinafter provided.'

[49.6.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [deliver or withdraw] from an appointed store a dangerous drug to which Part III of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'] without the written authority of [the Permanent Secretary, Ministry of Health & Medical Services or an officer authorized by the Permanent Secretary, Ministry of Health & Medical Services] namely [specify the name of this person].'

[49.6.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Deliver; or 

[ii] Withdraw 

E. Appointed Store 

F. Dangerous Drug To Which Part III of the Dangerous Drugs Act (Ch. 98) Applies 

G. Without Written Authority Of 

[i] The Permanent Secretary, Ministry Of Health & Medical Services; or 

[Ii] An Officer Authorized By The Permanent Secretary, Ministry Of Health & Medical Services

[49.6.4] Store 

The term 'Store' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'a place appointed by the Minister for the storage of any drug to which this Act applies on its arrival in Solomon Islands'.

[49.6.5] Dangerous Drug To Which Part III Applies 

The element 'Dangerous Drug To Which Part III Applies' is examined commencing on page 761.

[49.6.6] Defence 

The defendant must prove on the 'balance of probabilities' that he/she had the written authority of: 

·                     the Permanent Secretary, Ministry of Health & Medical Services; or 

·                     an officer authorized by the Permanent Secretary, Ministry of Health & Medical Services. 

Refer also to the law relating to 'Negative Averments' examined commencing on page 83.

[49.7] Withdrawal

[49.7.1] Offence 

Section 19 of the Dangerous Drugs Act (Ch. 98) states: 

'No officer shall authorize the withdrawal of any dangerous drug to which this Part of this Act applies from the store, except to a registered medical practitioner, licensed pharmacist, registered dentist, qualified veterinary surgeon, or to a hospital attendant approved by the Permanent Secretary, Ministry of Health and Medical Services at a plantation hospital, or to a person approved by the Permanent Secretary, Ministry of Health and Medical Services engaged in medical work under the control of a recognized Mission.'

[49.7.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] being an officer authorized to withdraw dangerous drugs to which Part III of the Dangerous Drugs Act (Ch. 98) applies did authorize the withdrawal of a dangerous drug to wit [specify the 'dangerous drug'] to a person namely [specify the name of this person] not being a registered medical practitioner, licensed pharmacist, registered dentist, qualified veterinary surgeon, hospital attendant approved by the Permanent Secretary, Ministry of Health and Medical Services at a plantation hospital, or a person approved by the Permanent Secretary, Ministry of Health and Medical Services engaged in medical work under the control of a recognized Mission.'

[49.7.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Being An Officer Authorised To Withdraw 

E. Dangerous Drugs To Which Part III of the Dangerous Drugs Act (Ch. 98) Applies 

F. Authorise The Withdrawal Of A Dangerous Drug 

G. To A Person 

H. Not Being A Registered Medical Practitioner, Licensed Pharmacist, Registered Dentist, Qualified Veterinary Surgeon, Hospital Attendant Approved By The Permanent Secretary, Ministry Of Health And Medical Services At A Plantation Hospital, Or A Person Approved By The Permanent Secretary, Ministry Of Health And Medical Services Engaged In Medical Work Under The Control Of A Recognized Mission

[49.7.4] Officer Authorised To Withdraw 

Refer to section 18 of the Dangerous Drugs Act (Ch. 98).

[49.7.5] Dangerous Drug To Which Part III Applies 

The element 'Dangerous Drug To Which Part III Applies' is examined commencing on page 761.

[49.8] Storage

[49.8.1] Offences 

Section 20 of the Dangerous Drugs Act (Ch. 98) states: 

'When any dangerous drug to which this Part of this Act applies is found in the possession of any person or kept in any place other than the appointed store, such person or the occupier of such place, unless he can prove that such drug was obtained under the authority of this Act, or in accordance with the prescription of a registered medical practitioner, or from a person having authority to sell it, or was deposited there without his knowledge or consent; and also the owner of, or any person guilty of keeping, the said dangerous drug, shall be guilty of an offence under this Act.'

[49.8.2] Possession

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] was found in [his/her] possession a dangerous drug to which Part III of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'] not having been obtained under the authority of the said Act in accordance with the prescription of a registered medical practitioner or from a person having authority to sell it.'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Found In Possession 

E. Dangerous Drug To Which Part III of the Dangerous Drugs Act (Ch. 98) Applies 

F. Authority Of The Said Act In Accordance With The Prescription Of A Registered Medical Practitioner Or From A Person Having Authority To Sell It

[C] Possession 

The law in relation to the element 'Possession' is examined commencing on page 765.

[D] Dangerous Drug To Which Part III Applies 

The element 'Dangerous Drug To Which Part III Applies' is examined commencing on page 761.

[E] Defence 

The defendant must prove on the 'balance of probabilities' that he/she had obtained the 'dangerous drug' under the authority of the Dangerous Drugs Act (Ch. 98) in accordance with the prescription of a registered medical practitioner or from a person having authority to sell it. 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.8.3] Occupier Of Place 

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] being the occupier of a place other than an approved store did keep in the said place a dangerous drug to which Part III of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'] not having been obtained under the authority of the said Act in accordance with the prescription of a registered medical practitioner or from a person having authority to sell it and the said dangerous drug was not deposited there without [his/her] knowledge or consent.'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Occupier 

E. Place Other Than An Approved Store 

F. Keep 

G. Dangerous Drug To Which Part III of the Dangerous Drugs Act (Ch. 98) Applies 

H. Authority Of The Said Act In Accordance With The Prescription Of A Registered Medical Practitioner Or From A Person Having Authority To Sell It And The Said Dangerous Drug Was Not Deposited There Without Knowledge Or Consent

[C] Occupier 

The term 'Occupier' is not defined in either the Dangerous Drugs Act (Ch. 98) or the Interpretation and General Provisions Act (Ch. 85): 

Any person who is able to exclude others from the 'premises' is an 'occupier', see R v Tao [1976] 3 WLR 25; [1976] 3 AllER 65; [1977] QB 141; (1976) 63 CrAppR 163.

[D] Store 

The term 'Store' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'a place appointed by the Minister for the storage of any drug to which this Act applies on its arrival in Solomon Islands'.

[E] Dangerous Drug To Which Part III Applies 

The element 'Dangerous Drug To Which Part III Applies' is examined commencing on page 761.

[F] Defence 

The defendant must prove on the 'balance of probabilities' that: 

[i] he/she had obtained the 'dangerous drug' under the authority of the Dangerous Drugs Act (Ch. 98) in accordance with the prescription of a registered medical practitioner or from a person having authority to sell it; or 

[ii] the dangerous drug was deposited there without his/her knowledge or consent. 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.8.4] Owner Of Place 

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] being the owner of a place other than an approved store in which a dangerous drug to which Part III of the Dangerous Drugs Act (Ch. 98) applies to wit [specify the 'dangerous drug'] not having been obtained under the authority of the said Act in accordance with the prescription of a registered medical practitioner or from a person having authority to sell it was kept and the said dangerous drug was not deposited there without [his/her] knowledge or consent.' 

[B] Elements 

A. Defendant 

B. Location 

C. Date 

D. Owner 

E. Place Other Than An Approved Store 

F. A Dangerous Drug To Which Part III of the Dangerous Drugs Act (Ch. 98) Applies 

G. Was Kept 

H. Authority Of The Said Act In Accordance With The Prescription Of A Registered Medical Practitioner Or From A Person Having Authority To Sell It Was Kept And The Said Dangerous Drug Was Not Deposited There Without Knowledge Or Consent

[C] Store

The term 'Store' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'a place appointed by the Minister for the storage of any drug to which this Act applies on its arrival in Solomon Islands'.

[D] Dangerous Drug To Which Part III Applies 

The element 'Dangerous Drug To Which Part III Applies' is examined commencing on page 761.

[E] Defence 

The defendant must prove on the 'balance of probabilities' that: 

[i] he/she had obtained the 'dangerous drug' under the authority of the Dangerous Drugs Act (Ch. 98) in accordance with the prescription of a registered medical practitioner or from a person having authority to sell it; or 

[ii] the said dangerous drug was deposited there without his/her knowledge or consent. 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.9] Prohibition Of Trade In New Dangerous Drugs

[49.9.1] Offences 

Section 21(1) of the Dangerous Drugs Act (Ch. 98) states (in part): 

'No person shall trade in, or manufacture for the purpose of trade, any products obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the cocoa leaf, not being a product which was, on the thirteenth day of July one thousand nine hundred and thirty – one, being used for medical or scientific purposes.'

[49.9.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [trade in or manufacture for the purpose of trade] a product obtained from the [phenanthrene alkaloids of opium or ecgonine alkaloids of the cocoa leaf] not being a product which was on the 13th July 1931 used for medical or scientific purposes.'

[49.9.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Trade; or 

[ii] Manufacture For The Purpose Of Trade 

E. Product Obtained From 

[i] Phenanthrene Alkaloids Of Opium; or 

[ii] Ecgonine Alkaloids Of The Cocoa Leaf 

F. Not Being A Product Which Was On The 13th July 1931 Used For Medical Or Scientific Purposes

[49.9.4] Proof Of A Dangerous Drug 

The law relating to 'Proof Of A Dangerous Drug' is examined commencing on page 762. 

The terms 'Ecgonine' and 'Cocoa Leaf' are defined in section 2 of the Dangerous Drugs Act (Ch. 98).

[49.10] Dangerous Drugs In Transit

[49.10.1] Offence 

Section 31(1) of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall bring any dangerous drug to Solomon Islands in transit unless – 

(a)                the drug is in course of transit from a country from which it may lawfully be exported to another country into which such drug may lawfully be imported; and 

(b) except where the drug comes from a country not a party to the Convention, it is accompanied by a valid and subsisting export authorization or diversion certificate, as the case may be.'

[49.10.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did bring a dangerous drug to wit [specify the 'dangerous drug'] to Solomon Islands in transit from a country to wit [specify the country] from which the said dangerous drug [may or may not] lawfully be exported to another country to wit [specify the country] into which the said dangerous drug [may or may not] lawfully be imported and not accompanied by a valid and subsisting [export authorization or diversion] certificate.'

[49.10.3] Elements 

A. Defendant 

B. Location 

C. Date

D. Bring A Dangerous Drug

E. To Solomon Islands In Transit 

F. From A Country From Which The Said Dangerous Drug 

 [i] May; or 

 [ii] May Not 

 Lawfully Be Exported

 G. To Another Country Into Which The Said Dangerous Drug 

 [i] May; or 

 [ii] May Not 

 Lawfully Be Imported

H. Not Accompanied By A Valid And Subsisting 

[i] Export Authorization; or 

[ii] Diversion

Certificate

[49.10.4] Proof Of A Dangerous Drug 

The law relating to the 'Proof Of A Dangerous Drug' is examined commencing on page 762.

[49.10.5] In Transit 

The term 'In Transit' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'taken or sent from any country and brought into Solomon Islands (whether or not landed or transhipped in Solomon Islands) for the sole purpose of being carried to another country, either by the same or another conveyance'.

[49.10.6] Convention

The term 'Convention' is defined in section 2 of the Dangerous Drugs Act (Ch.98) as meaning: 

'the International Opium Convention signed at The Hague on the twenty – third day of January one thousand nine hundred and twelve (The Hague Convention), the International Opium Convention signed at Geneva on the nineteenth day of February one thousand nine hundred and twenty – five (The Geneva Convention No. 1), and the International Convention for limiting the manufacture and regulating the distribution of narcotic drugs signed at Geneva on the thirteenth day of July one thousand nine hundred and thirty – one (The Geneva Convention No. 2).'

[49.10.7] Defence 

The defendant must prove on the 'balance of probabilities' that there was a valid and subsisting: 

·                     'Export Authorisation Certificate', refer to section 22 of the Dangerous Drugs Act (Ch. 98); or 

·                     'Diversion Certificate', refer to section 34 of the Dangerous Drugs Act (Ch. 98).

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83. 

[49.11] Removal Licenses

[49.11.1] Offences 

Section 32(1) of the Dangerous Drugs Act (Ch. 98) states (in part): 

'No person shall – 

(a)                remove any dangerous drug from any conveyance in which it is brought into Solomon Islands in transit; or 

(b)               in any way move any such drug in Solomon Islands at any time after removal from such conveyance; 

except under and in accordance with a licence (in the Form D set out in the Schedule and in this Act referred to as a "removal license") issued by the Permanent Secretary, Ministry of Health and Medical Services.'

[49.11.2] Wording Of Charges 

Section 32(1)(a) 

'[Name of Defendant] at [Place] on [Date] not under or in accordance with a removal licence did remove a dangerous drug to wit [specify the 'dangerous drug'] from a conveyance in which it was brought into Solomon Islands in transit.'

Section 32(1)(b) 

'[Name of Defendant] at [Place] on [Date] not under or in accordance with a removal licence did move a dangerous drug to wit [specify the 'dangerous drug'] after its removal from a conveyance in which the said dangerous drug was brought into Solomon Islands.'

[49.11.3] Elements

 Section 32(1)(a) 

A. Defendant 

B. Place 

B.                 Date 

D. Not Under Or In Accordance With A Removal Licence 

E. Remove 

F. Dangerous Drug 

G. Conveyance 

H. In Which The Said Dangerous Drug Was Brought Into Solomon Islands 

I. In Transit

Section 32(1)(b) 

A. Defendant 

B. Place 

C. Date 

D. Not Under Or In Accordance With A Removal Licence 

E. Move 

F. Dangerous Drug 

G. After Its Removal 

H. Conveyance 

I. In Which The Said Dangerous Drug Was Brought Into Solomon Islands

[49.11.4] Proof Of A Dangerous Drug 

The law relating to the 'Proof Of A Dangerous Drug' is examined commencing on page 762.

[49.11.5] Conveyance 

The term 'Conveyance' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as including: 

'ship, aircraft and any other means of transport by which goods may be brought into or taken from Solomon Islands'.

[49.11.6] In Transit 

The term 'In Transit' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'taken or sent from any country and brought into Solomon Islands (whether or not landed or transhipped in Solomon Islands) for the sole purpose of being carried to another country, either by the same or another conveyance'.

[49.11.7] Defence 

The defendant must prove on the 'balance of probabilities' that the 'dangerous drug' was 'removed' under or in accordance with a 'removal licence', as referred to in section 32 of the Dangerous Drugs Act (Ch. 98). 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.12] Tampering With Dangerous Drugs 

[49.12.1] Offences 

Section 33 of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall cause any dangerous drug in transit to be subjected to any process which would alter its nature, or wilfully open or break any package containing any dangerous drug in transit, except upon the instructions of the Permanent Secretary, Ministry of Health and Medical Services, and in such a manner as he may direct.'

[49.12.2] Alter Nature 

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] not upon the instructions of the Permanent Secretary, Ministry of Health and Medical Services namely [specify the name of this person] did cause a dangerous drug to wit [specify the 'dangerous drug'] in transit to be subjected to a process which did alter its nature.'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Not Upon The Instructions Of The Permanent Secretary, Ministry Of Health And Medical Services 

E. Cause 

F. Dangerous Drug 

G. In Transit 

H. To Be Subjected To A Process Which Did Alter Its Nature

[C] Proof Of A Dangerous Drug 

The law relating to the 'Proof Of A Dangerous Drug' is examined commencing on page 762.

[D] In Transit 

The term 'In Transit' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'taken or sent from any country and brought into Solomon Islands (whether or not landed or transhipped in Solomon Islands) for the sole purpose of being carried to another country, either by the same or another conveyance'.

[E] Defence 

The defendant must prove on the 'balance of probabilities' that the 'dangerous drug' was subjected to a process which did alter its nature upon the instructions of the Permanent Secretary, Ministry of Health and Medical Services. 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.12.3] Wilfully Open Or Break Package 

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] not upon the instructions of the Permanent Secretary, Ministry of Health and Medical Services namely [specify the name of this person] did wilfully [open or break] a package containing a dangerous drug to wit [specify the 'dangerous drug'] in transit.'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Not Upon The Instructions Of The Permanent Secretary, Ministry Of Health And Medical Services 

E. Wilfully 

 [i] Open; or 

 [ii] Break

 F. Package 

G. Containing A Dangerous Drug 

H. In Transit

[C] Wilfully 

The term 'Wilfully' is not defined in the Dangerous Drugs Act (Ch 98) or the Interpretation & General Provisions Act (Ch. 85). 

In Pukari – Flabu v Hambakon – Sma [1965 – 66] P&NGLR 348 Frost J, sitting alone, held: 

'Wilfully' means 'intentionally', or 'deliberately' or 'recklessly' or 'maliciously', but not 'accidentally' or 'negligently'.

[D] Proof Of A Dangerous Drug 

The law relating to the 'Proof Of A Dangerous Drug' is examined commencing on page 762.

[E] In Transit 

The term 'In Transit' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'taken or sent from any country and brought into Solomon Islands (whether or not landed or transhipped in Solomon Islands) for the sole purpose of being carried to another country, either by the same or another conveyance'. 

[F] Defence 

The defendant must prove on the 'balance of probabilities' that the package containing the 'dangerous drug' was willfully opened or broken into upon the instructions of the Permanent Secretary, Ministry of Health and Medical Services. 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.13] Diversion Of Dangerous Drugs

[49.13.1] Offences 

Section 34(1) of the Dangerous Drugs Act (Ch. 98) states (in part): 

'No person shall, except under the authority of a diversion certificate in the Form E in the Schedule cause or procure a dangerous drug brought into Solomon Islands in transit to be diverted to any destination other than that to which it was originally consigned.'

[49.13.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] not under the authority of a diversion certificate issued under the Dangerous Drugs Act (Ch. 98) did [cause or procure] a dangerous drug to wit [specify the 'dangerous drug'] to be brought into Solomon Islands in transit.'

[49.13.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Under The Authority Of A Diversion Certificate Issued Under The Dangerous Drugs Act (Ch. 98) 

E.         [i] Cause; or 

[ii] Procure 

F. Dangerous Drug 

G. To Be Brought Into Solomon Islands In Transit

[49.13.4] Proof Of A Dangerous Drug 

The law relating to the 'Proof Of A Dangerous Drug' is examined commencing on page 762.

[49.13.5] In Transit 

The term 'In Transit' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'taken or sent from any country and brought into Solomon Islands (whether or not landed or transhipped in Solomon Islands) for the sole purpose of being carried to another country, either by the same or another conveyance'.

[49.13.6] Defence 

The defendant must prove on the 'balance of probabilities' that the 'dangerous drug' was caused or procured to be brought into Solomon Islands under the authority of a diversion certificate issued under the Dangerous Drugs Act (Ch. 98), see section 34 of that Act. 

Refer also to the law relating to 'Negative Averments' as examined commencing on page 83.

[49.14] Approved Ports

[49.14.1] Offences 

Section 3 of the Dangerous Drugs Act (Ch. 98) states: 

'No person shall import, export, tranship or divert dangerous drugs except through a port approved for the purposes of this section by the Minister by notice.'

[49.14.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [import, export, tranship or divert] a dangerous drug to wit [specify the 'dangerous drug'] other than through the Honiara port or Henderson aerodrome as approved for the purposes of the Dangerous Drugs Act (Ch. 98) by the Minister by notice to wit [specify the port].'

[49.14.3] Elements 

A. Defendant 

B. Place

C. Date 

D.        [i] Import; 

[ii] Export; 

[iii] Tranship; or 

[iv] Divert 

E. Dangerous Drug 

F. Other Than Through The Honiara Port Or Henderson Aerodrome As Approved For The Purposes Of The Dangerous Drugs Act (Ch. 98) By The Minister By Notice

[49.14.4] Import 

The term 'Import' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'to bring or cause to brought into Solomon Islands otherwise than in transit'. (emphasis added) 

See: R v Jackeman (1983) 76 CrAppR 223. 

The term 'In Transit' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'taken or sent from any country and brought into Solomon Islands (whether or not landed or transhipped in Solomon Islands) for the sole purpose of being carried to another country, either by the same or another conveyance'.

[49.14.5] Export 

The term 'Export' is defined in section 2 of the Dangerous Drugs Act (Ch. 98) as meaning: 

'to take or cause to be taken out of Solomon Islands otherwise than in transit'. (emphasis added)

[49.14.6] Approved Port 

The following places have been approved as 'ports' for the purposes of section 3 of the Dangerous Drugs Act (Ch. 98): 

·                     Honiara port; and 

·                     Henderson aerodrome. 

[49.15] Wilfully Delay Or Obstruct Or Fail To Produce Or Conceal Or Attempt To Conceal 

[49.15.1] Offences 

Section 38(3) of the Dangerous Drugs Act (Ch. 98) states: 

'If any person wilfully delays or obstructs any person in the exercise of his powers under this section, or fail to produce, or conceals, or attempts to conceal, any such books, drugs, stocks or documents as aforesaid, he shall be guilty of an offence against this Act.' 

[49.15.2] Wording Of Charges

[A] Wilfully Delay Or Obstruct 

'[Name of Defendant] at [Place] on [Date] did wilfully [delay or obstruct] a person namely [specify rank and full name] in the exercise of [his or her] powers under section 38 of the Dangerous Drugs Act (Ch. 98).'

[B] Fail To Produce Or Conceal Or Attempt To Conceal 

'[Name of Defendant] at [Place] on [Date] did [fail to produce, conceal or attempt to conceal] [a dangerous drug to wit (specify the dangerous drug), (a book, a document or stocks) relating to the business of a producer, manufacturer, seller or distributor of dangerous drugs] namely [specify the name of this person].'

[49.15.3] Elements 

[A] Wilfully Delay Or Obstruct 

A. Defendant 

B. Place 

C. Date 

D. Wilfully

 [i] Delay; or 

[ii] Obstruct 

E. Person 

F. Exercise Of His/Her Powers Under Section 38 Of The Dangerous Drugs Act (Ch. 98)

[B] Fail To Produce Or Conceal Or Attempt To Conceal 

A. Defendant 

B. Place 

C. Date 

D.        [i] Fail To Produce; 

[ii] Conceal; or 

 [iii] Attempt To Conceal 

E.         [i] Dangerous Drug; or 

[ii]        [1] Book; 

[2] Document; or 

[3] Stocks 

Relating To The Business Of A Producer, Manufacturer, Seller Or Distributor Of Dangerous Drugs

[49.15.4] Proof Of A Dangerous Drug 

The law relating to the 'Proof Of A Dangerous Drug' is examined commencing on page 762.

[49.16] Contravene Or Fail To Comply With Rules 

[49.16.1] Offences

 Section 39(1)(a) of the Dangerous Drugs Act (Ch. 98) states: 

'Any person who – 

(a) acts in contravention of or fails to comply with any […] rule made under this Act, 

shall be guilty of an offence against this Act.' 

There has been no rules made under that Act.

[49.16.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [act in contravention of or fail to comply with] a rule made under the Dangerous Drugs Act (Ch. 98) to wit [specify the rule].'

[49.16.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Act In Contravention Of; or 

[ii] Fail To Comply With 

E. Rule Made Under The Dangerous Drugs Act (Ch. 98)

[49.17] Contravene & Fail To Comply With License Conditions

[49.17.1] Offences 

Section 39(1)(b) of the Dangerous Drugs Act (Ch. 98) states (in part): 

'Any person who – 

(b) acts in contravention of or fails to comply with the conditions of any license or any authority granted under or in pursuance of this Act,

shall be guilty of an offence against this Act.'

[49.17.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [act in contravention of or fail to comply with] the condition of [a license or an authority] granted [under or in pursuance of] the Dangerous Drugs Act (Ch. 98).'

[49.17.3] Elements 

A. Defendant

 B. Place 

C. Date 

D.        [i] Act In Contravention Of; or 

[ii] Fail To Comply With 

E. Condition Of 

[i] License; or 

 [ii] Authority 

 Granted Under Or In Pursuance Of The Dangerous Drugs Act (Ch. 98)

[49.18] False Declaration Or Statement

[49.18.1] Offences 

Section 39(1)(c) of the Dangerous Drugs Act (Ch. 98) states: 

'Any person who – 

(c)                for the purpose of obtaining for himself or for any other person, the issue, grant or renewal of any such license or authority as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces or makes use of, any such statement or declaration or any document confirming the same, 

shall be guilty of an offence against this Act.'

[49.18.2] Wording Of Charges 

[A] Make A False Declaration Or Statement 

'[Name of Defendant] at [Place] on [Date] did for the purpose of obtaining for [(himself/herself) or another person namely (specify the name of this person)] the [issue, grant or renewal] of a [license issued or authority granted] [under or in pursuance of] the Dangerous Drugs Act (Ch. 98) did make a [declaration or statement] which was false in a particular.'

[B] Utter, etc, A False Declaration Or Statement 

'[Name of Defendant] at [Place] on [Date] did for the purpose of obtaining for [(himself/herself) or another person namely (specify the name of this person)] the [issue, grant or renewal] of a [license issued or authority granted] [under or in pursuance of] the Dangerous Drugs Act (Ch. 98) did knowingly [utter, produce or make use of] a [declaration, statement or document] which was false in a particular.'

[49.18.3] Elements 

[A] Make A False Declaration Or Statement 

A. Defendant 

B. Place 

C. Date 

D.        [i] Himself/Herself; or 

[ii] Another Person 

E.         [i] Issue; 

[ii] Grant; or 

[iii] Renewal 

F.         [i] License Issued; or 

[ii] Authority Granted 

G. Under Or In Pursuance Of The Dangerous Drugs Act (Ch. 98) 

H. Make False 

 [i] Declaration; or 

 [ii] Statement 

[B] Utter, etc, A False Declaration Or Statement 

A. Defendant 

B. Place 

C. Date 

D.        [i] Himself/Herself; or 

[ii] Another Person 

E. Knowingly 

[i] Utter; 

 [ii] Produce; or 

 [iii] Make Use Of 

F. False 

[i] Declaration; 

[ii] Statement; or 

[iii] Document 

[49.19] Solicits Or Incites 

Section 39(4) of the Dangerous Drugs Act (Ch. 98) states:

'If any person […] solicits or incites another person to commit [an offence against this Act], he shall, without prejudice to any other liability, be liable to the same punishment and forfeiture as if he had committed an offence against this Act.' (emphasis added) [words in brackets added] 

[49.20] Liabilities Of Companies, etc 

Section 39(5) of the Dangerous Drugs Act (Ch. 98) states: 

'When a person convicted of an offence against this Act is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence, unless he proves that the act constituting the offence took place without his knowledge or consent.' (emphasis added) 

[49.21] Offences Committed Outside Solomon Islands 

Section 39(1)(d) of the Dangerous Drugs Act (Ch. 98) states: 

'Any person who – 

(d)               in Solomon Islands aids, abets, counsels or procures the commission in any place outside Solomon Islands of any offence punishable under the provisions of any corresponding law in force in that place, […], 

shall be guilty of an offence against this Act.' (emphasis added) 

The term 'Corresponding Law' means 'any law stated in a certificate purporting to be issued by or on behalf of the Government of any place outside Solomon Islands, to be a law providing for the control and regulation in that country of the manufacture, sale, use, import and export of drugs or substances in accordance with the provisions of The Hague Convention, The Geneva Convention No. 1 and The Geneva Convention No. 2; and any such statement in any such certificate as to the effect of the law mentioned in the certificate, or any statement in any such certificate that any facts constitute an offence against that law, shall be conclusive', see section 2 of the Dangerous Drugs Act (Ch. 98).

[49.22] General Penalty 

Section 39(2) of the Dangerous Drugs Act (Ch. 98) states: 

'Every person guilty of an offence against this Act shall, in respect of each offence for which no penalty is otherwise prescribed, be liable – 

(a)                on conviction by the court sitting with assessors, to a fine of two thousand dollars, or to imprisonment for ten years, or to both such fine and imprisonment; or 

(b)               on summary conviction, to a fine of five hundred dollars, or to imprisonment for six months, or to both such fine and imprisonment; 

and shall in every case, on conviction for the offence, forfeit to Her Majesty all articles in respect of which the offence was committed; and the court before which the offender was convicted may order the forfeited articles to be destroyed or otherwise disposed of, as the Court deems fit.' 

As regards 'forfeiture' of the dangerous drug, see also sections 6 and 12(2) of that Act. 

Section 41 of that Act states: 

'The court before which any person is convicted for any offence against this Act may direct a portion of the fine actually paid into court, and not exceeding one – half, to be paid to an informer.' 

The law relating to: 

·                     'Informers' is examined commencing on page 130; and 

·                     'Sentencing' is examined commencing on page 918. 

[49.23] Search Warrant

[49.23.1] Generally 

Section 36 of the Dangerous Drugs Act (Ch. 98) states: 

'(1) A Magistrate, if satisfied by information on oath that any drug or other substance to which this Act applies is being unlawfully kept, landed, conveyed or sold in contravention of this Act, in any place, whether a building or not, or in any ship not having the status of a ship of war, or in any vehicle, may grant a warrant to enter at any time, and if needs be by force, on Sundays as well as any other days, the place, ship or vehicle named in such warrant, and every part thereof to examine and to search for any such drug or other article unlawfully kept therein, and to demand from the owner or occupier thereof the production of the authority for being in possession of the same. 

(2)               When the officer or other person executing such warrant has reasonable cause to believe that any drug or other article to which this Act applies, found by him in any place, ship or vehicle, is being kept, conveyed, landed or sold in contravention of this Act, he may seize and detain the same until the court has decided whether the same is liable to be forfeited or not. 

(3) Proceedings in the court shall be commenced as soon as possible after the seizure.' (emphasis added) 

That Act provides that if upon 'information on oath' a Magistrate is satisfied that any drug or other substance to which the Dangerous Drugs Act (Ch. 98) applies is being unlawfully kept, landed, conveyed or sold in contravention of that Act, a 'search warrant' may be granted to search any place, whether a building or not, or in any ship not having the status of a ship of war, or in any vehicle. 

The term 'Place' is not defined in either the Dangerous Drugs Act (Ch. 98) or the Interpretation & General Provisions Act (Ch. 85). The natural and ordinary meaning of that term in the context of section 36 of the Dangerous Drugs Act (Ch. 98) would include parks and other areas of land as distinct from buildings. 

Refer also to the 'Issuance Of Search Warrants' under: 

·                     section 38 of the Dangerous Drugs Act (Ch. 98); and 

·                     the Criminal Procedure Code (Ch. 7) which is examined commencing on page 259. 

Considering that the forms to be used have not been prescribed in either the Dangerous Drugs Act (Ch. 98) or the Magistrates' Courts (Forms) Rules, the following forms have been prepared in compliance with section 36 of the Dangerous Drugs Act (Ch. 98): 

·                     'Information To Ground Search Warrant', a copy of which is on page 796; and 

·                     'Search Warrant', a copy of which is on page 797.

 ________________

INFORMATION TO GROUND SEARCH WARRANT

(Dangerous Drugs Act (Ch. 98), S. 36)

SEARCH WARRANT

(Dangerous Drugs Act (Ch. 98), S. 36)

To all Police Officers within Solomon Islands

……………………………………………….………. of ……………………………………………………

has this day made on oath before me that he/she believes that: 

·                     a dangerous drug to wit ……………………………………………………………...… and / or

·                     substance / article to which the Dangerous Drugs Act (Ch. 98) applies to wit …………………………[cross out what is not applicable] 

is being unlawfully kept, landed, conveyed or sold [cross out what is not applicable] in contravention of the Dangerous Drugs Act (Ch. 98) in: 

·                     a place to wit …………………………..…….…………………………………..…………….. .......................................................at ………………………………………….……………..................................................................................................................................or 

·                     a ship namely ………………………………………………………………………………....…......................................................or 

·                     a vehicle to wit……………………………………………………….................................................. [cross out what is not applicable]

And it appears to this Court that there is reasonable cause for such belief. 

You are therefore hereby authorised and commanded in Her Majesty's name to enter at any time, and if needs be by force, on Sundays as well as any other days the said place, ship or vehicle [cross out what is not applicable] and every part thereof to examine and to search for the said dangerous drug or other substance / article unlawfully kept therein and to demand from the owner or occupier thereof the production of the authority for being in possession of the same. 

And seize and detain the same until the court has decided whether the same is liable to be forfeited or not. 

Magistrate

[49.23.2] Business Of Producer Or Manufacturer Or Seller Or Distributor

Section 38 of the Dangerous Drugs Act (Ch. 98) states (in part): 

'(1) Any Government Medical Officer, officer of Customs and Excise or police officer, or other person authorized in that behalf by any general or special order of the Minister, shall, for the purposes of this Act, have power to enter the premises of any person carrying on the business of a producer, manufacturer, seller or distributor of any drug to which this Act applies, and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs, and to inspect any stocks of any such drugs. 

(2)               If a Magistrate is satisfied by information on oath that there is a reasonable ground for suspecting that any drugs to which this Act applies are, in contravention of the provisions of this Act or any rules made thereunder, in the possession of or under the control of any person in any premises, or that any document relating to, or connected with, any transaction or dealing which was, or any intended transaction or dealing which would, if carried out, be an offence against this Act, or in the case of a transaction or dealing carried out or intended to be carried out in any place outside Solomon Islands, an offence against the provisions of any corresponding law in force in that place, is in possession of, or under the control of, any person in any premises; he may grant a search warrant authorizing any police office named in the warrant to enter, if need be, by force, the premises named in the warrant, and to search the premises and any person therein; and if there be reasonable grounds for suspecting that an offence has been committed against this Act in relation to any such drugs which may be found in the premises or in the possession of any such persons, or that any document which may be so found is such a document as aforesaid, to seize and detain those substances and that document (as the case may be). 

[…] 

(4) Where any search is made upon a female it shall be conducted by a female.' (emphasis added) 

That Act provides that if upon 'information on oath' a Magistrate is satisfied there is a reasonable ground for suspecting that any: 

·                     drugs to which the Dangerous Drugs Act (Ch. 98) applies are, in contravention of the provisions of that Act or any rules made thereunder, in the possession of or under the control of any person in any premises, or 

·                     document relating to, or connected with, any transaction or dealing which was, or any intended transaction or dealing which would, if carried out, be an offence against that Act, or in the case of a transaction or dealing carried out or intended to be carried out in any place outside Solomon Islands, an offence against the provisions of any corresponding law in force in that place, 

is in possession of, or under the control of, any person in any premises a 'search warrant' may be granted to search the premises named in the warrant, and to search the premises and any person therein. 

The police officer applying for the issuance of a 'search warrant' under section 38 of the Dangerous Drugs Act (Ch. 98) must be able to satisfy the issuing Magistrate on oath that there is a reasonable ground for suspecting that an offence has been committed against that Act in relation to any such drugs which may be found in the premises or in the possession of any such persons, or that any document which may be so found is such a document as aforesaid. 

Refer also to the 'Issuance Of Search Warrants' under: 

·                     section 36 of the Dangerous Drugs Act (Ch. 98); and 

·                     the Criminal Procedure Code (Ch. 7) which is examined commencing on page 259. 

Considering that the forms to be used have not been prescribed in either the Dangerous Drugs Act (Ch. 98) or the Magistrates' Courts (Forms) Rules, the following forms have been prepared in compliance with section 36 of the Dangerous Drugs Act (Ch. 98): 

·                     'Information To Ground Search Warrant', a copy of which is on page 800; and 

·                     'Search Warrant', a copy of which is on page 801.

______________

INFORMATION TO GROUND SEARCH WARRANT

(Dangerous Drugs Act (Ch. 98), S. 38)

INFORMATION TO GROUND SEARCH WARRANT

(Dangerous Drugs Act (Ch. 98), S. 38)

………………………………………………………… of …………………………………………………..

on his/her oath suspecting that:

[1] a dangerous drug to which the Dangerous Drugs Act (Ch. 98) applies to wit

..………………………………….….............................................................................................................................................................................

 is in contravention of the provisions of: 

·                     that Act; or

·                     a rule made that Act, 

in the possession or under the control [cross out what is not applicable] of a person namely

………………………………....……………………………………………………………………………................................................................

in premises to wit ……………………………........................................... at ……………………………………………………............................ or

[2] a document relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would, if carried out, be an offence against the Dangerous Drugs Act (Ch. 98) or in the case of a transaction or dealing carried out or intended to be carried out in any place outside Solomon Islands, an offence against the provisions of any corresponding law in force in that place [cross out what is not applicable],

is in possession or under the control [cross out what is not applicable] a person namely

………………………………….…..………………………………………………………………………….............................................................

in premises to wit ………………………….……………...….. at ……………………………………...…..................................................................

[cross out what is not applicable]

on the ….....................................day of ………………................................................200…..........., and that there is a reasonable ground for

such suspicion; for he/she the said …………………………………………….……………………...…........................................................................

says that:   

Sworn )

This ………..… day of ………………….. 200 …..)

Before me:

 Magistrate

SEARCH WARRANT

(Dangerous Drugs Act (Ch. 98), S. 36) 

To all Police Officers within Solomon Islands

…………………………………………………..…............................................ of ……………………………………………………….................

has this day made on oath before me that he/she suspects that:

[1] a dangerous drug to which the Dangerous Drugs Act (Ch. 98) applies to wit …………………………………………………………………….....

is in contravention of the provisions of: 

·                     that Act; or

·                     a rule made that Act,

in the possession or under the control [cross out what is not applicable] of a person namely ………………………………....……………………………………………………………………………...in premises to wit …………………………….. at …………………………………………... or

[2] a document relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would, if carried out, be an offence against the Dangerous Drugs Act (Ch. 98) or in the case of a transaction or dealing carried out or intended to be carried out in any place outside Solomon Islands, an offence against the provisions of any corresponding law in force in that place [cross out what is not applicable],

is in possession or under the control [cross out what is not applicable] a person namely ………………………………….…..……………………….....

in premises to wit ………………………….……………...….. at ……………………………………...…,[cross out what is not applicable] 

And it appears to this Court that there is a reasonable ground for such suspicion. 

You are therefore hereby authorised and commanded in Her Majesty's name to enter at any time, and if needs be by force, on Sundays as well as any other days the said premises and any person therein. 

And if there be reasonable grounds for suspecting that an offence has been committed against the Dangerous Drugs Act (Ch. 98) in relation to any drugs found in the said premises or in the possession of any persons therein, or that any document which may be so found is such a document as aforesaid, You are to seize and detain those substances and that document (as the case may be).  

Dated this ………………….. day of ……………………….. 20 ………….. 

Magistrate

[49.23.3] Power To Enter, Seize, Apprehend & Detain -- Raw Opium Or Indian Hemp Or Cocoa Leaf 

Section 9 of the Dangerous Drugs Act (Ch. 98) states: 

'(1) Any police officer may, upon a warrant, enter any place in which there is a reasonable ground for suspicion that raw opium, Indian hemp or cocoa leaf is kept or may be found so as to constitute an offence against this Act and may seize any raw opium, Indian hemp or cocoa leaf found there, together with baskets, jars or packages holding the same, and apprehend and detain any person suspected of owning the same. 

(2)               Any police officer may without warrant apprehend and detain any person carrying or conveying any raw opium, Indian hemp or cocoa leaf. 

(3) Any person apprehended under the provisions of the foregoing subsections shall be taken as soon as may be possible before the court to be dealt with according to law.' (emphasis added)

[49.23.4] Power To Arrest 

Section 40 of the Dangerous Drugs Act (Ch. 98) states: 

'Any officer of Customs and Excise or police officer may arrest without warrant any person who has committed or attempted to commit, or is reasonably suspected by an officer of the Customs and Excise or police officer of having committed, or attempted to commit, an offence against this Act, if he has reasonable grounds for believing that that person will abscond unless arrested, or if the name and address of that person are unknown to him and cannot be ascertained by him.' (emphasis added)

Refer also to the Chapter which examines the 'Power To Arrest' commencing on page 242.