Sri Lanka Police Service

Police Narcotic Bureau

Sri Lankan Legislation on Narcotics Control

(Quote some of the important legislation)

Poisons, Opium and Dangerous Drugs (Amended)

Act No. 13 of 1984

An Act to Amend the Poisons, Opium, and Dangerous Drugs Ordinance.

The following new sections are hereby inserted immediately after section 54, and shall have effect as section 54 A and section 54B, of the principal enactment:-

54A, Any person who-

manufactures any of the following dangerous drugs, namely heroin or cocaine or morphine or opium shall be guilty of an offence against this Ordinance and shall on conviction by the High Court without a jury be liable to a sentence of death or life imprisonment;

except as permitted by or otherwise than in accordance with the provisions of this Chapter or a licence of the Director, traffickers in any dangerous drug set out in Column II of Part III of the Third Schedule in excess of the amount set out in the said Column II shall be guilty of an offence against this Ordinance and shall on conviction by the High Court without a jury be liable to the penalty set out in the corresponding entry in Column III of that Part;

except as permitted by or otherwise than in accordance with the provisions of this Chapter or a licence of the Director, imports or exports any dangerous drug set out in Column II of Part III of the Third Schedule in excess of the amount set out in the said Column II shall be guilty of an offence against this Ordinance and shall on conviction by the High Court without a jury be liable to the penalty set out in the corresponding entry in Column III of that Part:

except as permitted by or otherwise than in accordance with the provisions of this Chapter or a license of the Director, possesses any dangerous drug set out in Column II of Part III of the Third Schedule in excess of the amount set out in the said Column II shall be guilty of an offence against this Ordinance and shall on conviction by the High Court without a jury be liable to the penalty set out in the corresponding entry in Column III of that Part.

7. Section 77 of the principal enactment is hereby amended in subsection (5) of that section by the substitution for the words "fine not exceeding five hundred rupees", of the words "fine not exceeding five thousand rupees".

8. The following new sections are hereby inserted immediately after section 77, and shall have effect as section 77A and section 77B, of the principal enactment:-

77A. (1) Notwithstanding anything to the contrary in section 116 of the Code of Criminal Procedure Act, No. 15 of 1979, a police officer may submit any drug, substance, article or preparation seized by him or any portion thereof or any sample taken by him in relation to an offence committed under Chapter III or chapter V of this Ordinance to the Government Analyst for examination.

Where the Government Analyst has made an examination of any drug, substance, article or preparation submitted to him under subsection (I), he shall send to the police officer who submitted such drug, substance, article, preparation or any portion or sample thereof for examination, a report setting out the result of his examination and he shall forward a copy thereof to the Police Narcotics Bureau.

A report submitted to the police officer under subsection (2) shall be received in evidence in any inquiry, trial or other proceeding under this Ordinance.

The Government Analyst to whom any drug, substance, article, preparation or any portion or sample thereof had been submitted for examination under subsection (1) shall, after submitting his report thereon under subsection (2), send such drug, substance, article, preparation or the portion or sample thereof to the Police Narcotics Bureau, which shall upon an order issued by the Magistrate for its destruction, forthwith cause such drug, substance, article, preparation or portion or sample thereof to be destroyed.

77B. In any proceedings before any court for an offence under Chapter III or Chapter V of this Ordinance, unless the court makes an order to the contrary, if it is of the opinion that justice demands such an order being made, no witness shall be obliged to disclose the name and identity of the informer who has given information with respect to the commission of such offence or to answer any question if the answer thereto would lead or would tend to lead to the discovery of the identity of the informer.

Column I	Column II	Column III
Nature of Offence	Quantities	Penalty

Traffics, possess, imports or exports	500 Gm of Opium and above	Death of life imprisonment
Do	3 Gm of Morphine and above	Do
Do	2 Gm of Cocaine and above	Do
Do	2 Gm of Heroin and above	Do
Do	50 to 500 Gm of Opium	Fine not less than two thousand five hundred rupees and not exceeding twenty five thousand rupees or imprisonment of either description for a period not less than one year and not exceeding ten years or to both such fine and imprisonment

PREVENTION OF MONEY LAUNDERING ACT, NO. 5 OF 2006

PART I

Offence of Money Laundering

03. (1) Any person, who-

engages directly or indirectly in any transaction in relation to any property which is derived or realized, directly or indirectly, from any unlawful activity or from the proceeds of any unlawful activity;

receives, possesses, conceals, disposes of, or brings into Sri Lanka , transfers out of Sri Lanka , or invests in Sri Lanka , any property which is derived or realized, directly or indirectly, from any unlawful activity or from the proceeds of any unlawful activity.

PART II

Freezing of Property

07. (1) A Police Officer not below the rank of Superintendent of Police or in the absence

of such an officer an Assistant Superintendent of Police may, where there are reasonable grounds to believe that any person is involved in any activity relating to the offence of money laundering and it is necessary for preventing further acts being committed in relation to such offence, issue an order (hereinafter referred to as a "Freezing Order") prohibiting any transaction in relation to any account, property or investment which may have been used or which may be intended to be used in connection with such offence.

The Freezing Order obtained under subsection (I) shall be issued on-

the person who is believed to be involved in the activity referred to subsection (I); and

on any other person or institution who or which may be required to give effect to such Order.

Subject to the provisions of section 8, a Freezing Order made under subsection (I) shall be in force for a period of seven days of the making thereof.

Any person who acts in contravention of a Freezing Order issued on him, shall be guilty of an offence and shall on conviction after trial before the High Court be liable to a fine not exceeding one hundred thousand rupees or one and a half times the value of the money in such account, property or investment which has been dealt with in contravention of the Freezing Order, whichever is higher or to imprisonment of either description for a period not exceeding one year or to both such fine and imprisonment.

08. (1) The Police Officer issuing the Freezing Order under the provisions of section 6

Where the High Court is satisfied that there are sufficient reasons for the making of such Freezing Order, the Court may confirm the Freezing Order and also grant the application made for the extension thereof for such periods as it considers necessary, subject however-

to any Orders which may be made under section 12; and

to the requirement that the maximum period of any extension so granted shall not exceed one year from the date of the making of the Freezing Order by the Police Officer:

12. (1) Any Police Officer not below the rank of a Superintendent of Police shall take

possession of, and otherwise deal with, any account, property or investment, which is subject to a Freezing Order, and the Court may on application of the said Police Officer and for the purpose of determining in whom the ownership, possession or control of any property to which the Freezing Order relates, lies, Order:-

that any document relevant to-

identifying, locating or quantifying that property;

establishing the ownership, possession or control of that property,

be delivered forthwith to the Police officer;

13. (1) Where a person is convicted of the offence of money laundering, the Court convicting

such person shall, subject to the provision of subsections (2) make Order that any movable or immovable property of such person derived or realized, directly or indirectly from any unlawful activity, be forfeited to the State free from all encumbrances.

PART III

An offence under this Act shall be a cognizable and non-bailable offence, within the meaning, and for the purpose, of the Code of Criminal Procedure Act, No. 15 of 1979.

"unlawful activity" means any act which constitutes and offence under-

the Poisons, Opium and Dangerous Drugs Ordinance (Chapter 218);

any law or regulation for the time being in force relating to the prevention and suppression of terrorism;

the Bribery Act (Chapter 26);

the Firearms Ordinance (Chapter 182), the Explosives Ordinance (Chapter 183) or the Offensive Weapons Act, No. 18 of 1966.

the Exchange Control Act (Chapter 423);

an offence under section 83c of the Banking Act, No. 30 of 1988;

any law for the time being in force relating to transnational organized crime;

any law for the time being in force relating to cyber crime;

any law for the time being in force relating to offences against children;

any law for the time being in force relating to offences connected with the trafficking of persons;

an offence under any other law for the time being in force which is punishable by death or with imprisonment for a term of seven years or more.


	Dr. Mahinda Balasuriya Inspector General of Police

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