Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Jurisdiction of courts
22. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
Who may prosecute
23. Prosecutions for offences under this Act may, with the authorisation of the Public Prosecutor, be conducted by a senior authorised officer authorised in writing by the Minister for this purpose.[15/2010]
Presumption
24. If any goods are found in or on any conveyance, it is, until the contrary is proved, presumed in any proceedings under this Act that the goods have been transported in or on that conveyance with the knowledge of the master, pilot, captain or person having control of the conveyance, as the case may be.
Proportional examination of goods seized to be accepted by courts
25.—(1) When any goods have been seized under section 14, 15 or 16, it is sufficient to open, examine and, if necessary, test the contents of a proportion of the goods seized that the authorised officer or senior authorised officer (as the case may be) may determine. (2) The court is to presume, unless the contrary is shown, that the goods contained in the unopened packages or receptacles are of the same nature, quantity and quality as those found in similar packages or receptacles which have been opened.
Protection of informers
26.—(1) No witness in any proceedings for an offence under section 5 or 6 is obliged or permitted to disclose the name or address of an informer or the substance of the information received from the informer or to state any matter which might lead to the informer’s discovery. (2) If any document which is in evidence or liable to inspection in any proceedings contains any entry in which any informer is named or described or which might lead to the informer’s discovery, the court must cause the entry to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery. (3) If, during any proceedings —(a) the court, after full inquiry into the case, believes that the informer wilfully made in his or her complaint a material statement which he or she knew or believed to be false or did not believe to be true; or (b) the court is of the opinion that justice cannot be fully done between the parties to those proceedings without the discovery of the informer, it is lawful for the court to require the production of the original complaint, if in writing, and permit inquiry, and require full disclosure of the informer.
Forfeiture
27.—(1) A court may order that anything shown to the court’s satisfaction to be the subject matter of an offence under section 5 or 6 or to have been used in the commission of such an offence must be forfeited to the Government, and either destroyed or otherwise dealt with in such manner as the court may order. (2) In particular, the court may order the thing to be dealt with as the Director‑General may see fit and in such a case the Director‑General may direct that it be destroyed or otherwise dealt with. (3) Where —(a) the court proposes to order any thing to be forfeited under this section; and (b) a person claiming to have an interest in the thing applied to be heard by the court, the court must not order the thing to be forfeited unless that person has been given an opportunity to show cause why the order should not be made. (4) The court may make an order of forfeiture even though no person has been charged with or convicted of an offence under section 5 or 6 in relation to the thing to be forfeited.
Cost of enforcement
28. Where a person has been convicted by a court for an offence under section 5 or 6, the court may order that person to pay reasonable costs of any enforcement action taken by an authorised officer or a senior authorised officer in respect of the offence, including any cost of storage of the subject matter of the offence or anything used in the commission of the offence.
No damages recoverable for seizure unless made without reasonable or probable cause
29. No person is, in any proceedings before any court in respect of the seizure of anything under any provision of Part 4, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of that thing or the payment of its value, unless the seizure was made without reasonable or probable cause.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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