Drug trafficking

(1) A person who is convicted of the offence of drug trafficking, or of being in possession of a controlled drug for the purpose of drug trafficking– (a) on summary conviction, shall be imprisoned for a term which shall not be less than three years but which may extend to ten years, and in addition, shall be ordered to pay a fine which shall not be less than ten thousand dollars but which may extend to one hundred thousand dollars or three times the street value of the controlled drug (where there is evidence of such value), whichever is the greater, 31 Provided that where the controlled drug in respect of which the offence is committed is less than– (i) one kilogramme of diacetylmorphine (heroin); (ii) one kilogramme of cocaine; (iii) two kilogrammes of opium; (iv) two kilogrammes of morphine; or (v) five kilogrammes of cannabis or cannabis resin, the court may, for special reasons to be recorded in writing, refrain from imposing a mandatory custodial sentence and, instead, order the convicted person to pay a fine to the extent specified above and in default of such payment, to undergo imprisonment for a term specified above; (b) on conviction on indictment, shall be imprisoned for a term which shall not be less than five years but which may extend to fourteen years and, in addition, shall be ordered to pay a fine which shall not be less than fifty thousand dollars but which may extend to two hundred and fifty thousand dollars or three times the street value of the controlled drug (where there is evidence of such value), whichever is the greater, Provided that where the controlled drug in respect of which the offence is committed is less in quantity than that specified in the proviso to paragraph (a), the court may for special reasons to be recorded in writing, refrain from imposing a mandatory custodial sentence and, instead, order the convicted person to pay a fine to the extent specified above and in default of such payment, to undergo imprisonment for a term specified above. 32 (2) Subject to sub-section (2A) and any regulations under section 9 for the time being in force, a person found in possession of a controlled drug in any school premises, or any other place of education or training or any centre for the rehabilitation of drug addicts, or in the immediate vicinity of any such premises, is deemed to have the controlled drug for the purpose of drug trafficking unless the contrary is proved, the burden of proof being on the accused. 47. of 2017. (2A) Sub-section (2) does not apply where the total amount of cannabis or cannabis resin found in the possession of any person, is not more than ten grammes, and that any person in possession thereof would, by virtue of section 7 (7) (a), not have carried out an unlawful act or committed an offence, or would not, by virtue of section 7 (7) (b), be liable to a penalty greater than that specified in section 7 (7) (b). (3) In sub-section (2), “premises” includes buildings, playing fields or other premises established, maintained or used by a school or other institution for the benefit of its students or inmates, whether or not such buildings, playing fields or other premises are within the curtilage of the school or institution. (4) A person who supplies or offers to supply or is concerned in supplying any substance other than a controlled drug, which he represents or holds out to be a controlled drug, commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year.