Proof of lack of knowledge, etc., to be a defence in proceedings for certain offences

(1) This section applies to offences under any of the following provisions of this Act, that is to say, section 6(2) and (3), section 7(2) and (3), section 8(2) and section 12. (2) Subject to sub-section (3), in any proceedings for an offence to which this section applies, it shall be a defence for the person charged to prove that he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution which it is necessary for the prosecution to prove if he is to be convicted of the offence charged. (3) Where in any proceedings for an offence to which this section applies it is necessary, if the accused is to be convicted of the offence charged, for the prosecution to prove that some substance or product involved in the alleged offence was the controlled drug which the prosecution alleges it to have been, and it is proved that the substance or product in question was that controlled drug, the accused– (a) shall not be acquitted of the offence charged by reason only of proving that he neither knew nor suspected nor had reason to suspect that the substance in question was the particular controlled drug alleged; or (b) shall be acquitted thereof if he proves that he neither believed nor suspected nor had reason to suspect that the substance or product in question was a controlled drug. (4) Nothing in this section shall prejudice any defence which it is open to a person charged with an offence to which this section applies to raise apart from this section.