Misuse of Drugs Act 1977

15B

F30 [ Importation of controlled drugs in excess of certain value.

15B. (1) A person shall be guilty of an offence where

( a ) the person imports one or more controlled drugs in contravention of regulations under section 5 of this Act, and

( b ) at or about the time the drug or drugs are imported the market value of the controlled drug or the aggregate of the market values of the controlled drugs, as the case may be, amounts to 13,000 or more.

(2) If the court is satisfied that a member of the Garda S í och á na or an officer of customs and excise has knowledge of the unlawful sale or supply of controlled drugs, that member or officer, as the case may be, shall be entitled in any proceedings for an offence under this section to be heard and to give evidence as to

( a ) the market value of the controlled drug concerned, or

( b ) the aggregate of the market values of the controlled drugs concerned.

(3) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at the time the person imported the controlled drug or drugs concerned that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to 13,000 or more or that he or she was reckless in that regard.

(4) No proceedings may be instituted under this section except by or with the consent of the Director of Public Prosecutions.

(5) In this section market value and an officer of customs and excise have the meanings they have in section 15A of this Act. ]

Annotations:

Amendments:

F30

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 82, S.I. No. 390 of 2006.

Editorial Notes:

E126

Offence under section designated a relevant offence for purposes of retrial and double jeopardy procedure (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch. para. 16, S.I. No. 414 of 2010.

E127

Offence under section designated drug trafficking offence for purposes of Criminal Justice Act 1994 (15/1994), s. 3(1), as amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 86, S.I. No. 390 of 2006.