Protection of informers
6.—(1) Except as provided in subsection (3) —(a)
no information for an offence under this Act is to be admitted in evidence in any civil or criminal proceedings; and
(b)
no witness in any civil or criminal proceedings is obliged —(i)
to disclose the name and address of any informer who has given information with respect to an offence under this Act; or
(ii)
to answer any question if the answer would lead, or would tend to lead, to the discovery of the name or address of the informer.
(2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which may lead to his or her discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(3) If —(a)
in any proceedings before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he or she knew or believed to be false or did not believe to be true; or
(b)
in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer,
the court may permit inquiry and require full disclosure concerning the informer.
Powers of arrest
7.—(1) Any officer of the Bureau, police officer or special police officer may arrest without warrant any person who has committed or whom the officer reasonably suspects to have committed an offence under this Act.
(2) Any person arrested under subsection (1), together with any article liable to seizure, must be taken to the Central Narcotics Bureau or a police station and may be searched.
(3) A woman must not be searched under this Part except by another woman and with strict regard to decency.
(4) An officer making an arrest under this section may seize and detain any article liable to seizure.
Bail and bond
7A.—(1) A person who has been arrested by an officer of the Bureau, police officer or special police officer under section 7(1) may be released on bail or on personal bond granted by any officer of the Bureau.
(2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:(a)
any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an officer of the Bureau;
(b)
the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Director.[Act 16 of 2024 wef 18/11/2024]
Powers of search and seizure
8.—(1) Any officer of the Bureau, police officer or special police officer may at any time —(a)
without a warrant enter and search any place or premises in which he or she reasonably suspects that there is to be found any article liable to seizure;
(b)
search any person found in that place or premises; and
(c)
seize and detain any article liable to seizure found in that place or premises.
(2) For the purpose of exercising his or her power under this section, an officer may, with such assistance as he or she considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing.
Obstruction of search
9. Any person who —(a)
obstructs any officer of the Bureau, police officer or special police officer in the exercise of any power under this Act; or
(b)
fails to comply with any lawful requirement of any officer of the Bureau, police officer or special police officer in the execution of his or her duty under this Act,
shall be guilty of an offence.
Forfeiture
10.—(1) Where anything is seized under this Act, the officer who carried out the seizure must immediately give notice in writing of the seizure to the owner of that thing, if known, either by delivering the notice personally to the owner or by post at his or her place of residence, if known.
(2) A notice under subsection (1) is not required to be given where the seizure is made in the presence of the offender or the owner or the owner’s agent.
(3) An order for the forfeiture of any article liable to seizure is to be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that such article was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence.
(4) If there is no prosecution with regard to any article seized under this Act, that article is deemed to be forfeited on the expiry of one month from the date of seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.
Disposal of things forfeited
11. All things which are forfeited to the Government under this Act are to be disposed of in such manner as the Minister thinks fit.
Powers of investigation of officers of Bureau
12.—(1) In any case relating to the commission of an offence under this Act, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a seizable offence.[15/2010]
(2) For the purposes of subsection (1), when an officer of the Bureau is exercising the powers of a police officer under the Criminal Procedure Code 2010, the officer of the Bureau is deemed to be an officer not below the rank of inspector of police.[15/2010]
Blood tests
13.—(1) Any officer of the Bureau, police officer, special police officer, or the officer-in-charge of an approved centre may require any person who has used or inhaled, or is reasonably suspected to have used or inhaled, any intoxicating substance for the purpose of inducing or causing a state of intoxication to provide to a registered medical practitioner a specimen of his or her blood for a laboratory test.
(2) A person is not required to provide a specimen of his or her blood for a laboratory test under subsection (1) if the registered medical practitioner in immediate charge of his or her case objects to the provision of the specimen on the ground that it would be prejudicial to the proper care or treatment of that person.
(3) A person who, without reasonable excuse, fails to provide a specimen of his or her blood for a laboratory test pursuant to a requirement imposed under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months.
(4) Any officer of the Bureau, police officer or special police officer, or the officer-in-charge of an approved centre must, on requiring any person under this section to provide a specimen of blood for a laboratory test, warn him or her that failure to provide a specimen of blood may make him or her liable to a fine or imprisonment, and, if such officer fails to do so, the court before which the person is charged with an offence under subsection (3) may dismiss the charge.
(5) For the purposes of any proceedings for an offence under section 3, a certificate purporting to be signed by a registered medical practitioner that the registered medical practitioner took a specimen of blood from a person with that person’s consent is evidence of the matters so certified and of the qualifications of the registered medical practitioner.
(6) The certificate referred to in subsection (5) must not be accepted as evidence for the prosecution unless a copy of the certificate had been served on the accused not less than 7 days before the hearing.
(7) For the purposes of this section, the consent of a person who has attained 16 years of age to providing a specimen of blood pursuant to a requirement imposed under subsection (1) is as effective as it would be if he or she were of full age.
(8) Where the person referred to in subsection (7) has, by virtue of that subsection, given an effective consent, it is not necessary to obtain any consent from his or her parent or guardian in respect of him or her providing the specimen of blood.
Presumption of misuse of intoxicating substance
14.—(1) A person is presumed, until the contrary is proved, to have used or inhaled any intoxicating substance for the purpose of inducing or causing in himself or herself a state of intoxication if the specimen of blood provided by him or her under section 13 is certified by —(a)
an analyst employed by the Health Sciences Authority; or
(b)
any other person that the Minister may appoint,[Act 5 of 2025 wef 09/03/2025]
to contain an amount of any chemical compound specified in the first column of the Schedule in excess of the amount specified in the second column of the Schedule in relation to that chemical compound.
[3/2006]
[Act 5 of 2025 wef 09/03/2025]
(2) An appointment under subsection (1)(b) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
Certificate of analyst, etc.
15.—(1) A certificate purporting —(a)
to be signed by —(i)
an analyst employed by the Health Sciences Authority; or
(ii)
such other person as the Minister may appoint; and[Act 5 of 2025 wef 09/03/2025]
(b)
to relate to any chemical compound specified in the Schedule,
is to be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without proof of signature and, until the contrary is proved, is to be proof of all matters contained in the certificate.
[3/2006]
(1A) An appointment under subsection (1)(a)(ii) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
(2) The certificate under subsection (1) must not be accepted as evidence for the prosecution unless a copy of the certificate had been served on the accused not less than 7 days before the hearing.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
