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Section 53a – THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

53A. Relevance of statements under certain circumstances.

 

1[53-A. Relevance of statements under certain circumstances

 

(1) A statement made and signed by a person before any officer empowered under Section 53 for the investigation of offences, during the course of any enquiry or proceedings by such officer, shall be relevant for the purposes of proving in any prosecution for an offence under this Act, the truth of the facts which it contains, –

 

(a) When the person who made statement is dead or cannot be found or is incapable of giving evidence, or is kept out of the way be the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable; or

 

(b) When the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice.

 

(2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.]

 

1. Ins. by Act No. 2 of 1989, (w.e.f. 29-5-1989)

 

 

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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

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