ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
74A. Procedure upon seizure of narcotic drugs
Edition: 2022-12-31 · In force
74A. Procedure upon seizure of narcotic drugs
(1)Where any narcotic drug or psychotropic substance has been seized and is to be used in evidence, the Inspector General of Police and the Director of Medical Services or a police or a medical officer respectively authorized in writing by either of them for the purposes of this Act (herein referred to as "the authorised officers") shall, where practicable in the presence of—(a)the person intended to be charged in relation to the drugs (in this section referred to as "the accused person;(c)the advocate (if any) representing the accused person; and(d)the analyst, if any, appointed by the accused person (in this section referred to as "the other analyst"), weigh the whole amount seized, and thereafter the designated analyst shall take and weigh one or more samples of such narcotic drug or psychotropic substance and take away such sample or samples for the purpose of analysing and identifying the same.(2)After analysis and identification of the sample or samples taken under subsection (1), the same shall be returned to the authorized officers together with the designated analyst's certificate for production at the trial of the accused person.(3)Upon receipt of the designated analyst's certificate and the samples analysed in accordance with the foregoing subsections the authorized officers shall, where the drug is found to be narcotic drug or psychotropic substance within the meaning of this Act, arrange with a magistrate for the immediate destruction by such means as shall be deemed to be appropriate of the whole amount seized (less the sample or samples taken for analysis and production as evidence at any subsequent trial, or any contemplated trial particularly where the accused person's identity is not yet known or the accused person is outside the jurisdiction of Kenya at the time of taking such samples).(4)The destruction of drugs and psychotropic substances ordered under subsection (3) shall be carried out by the authorised officers in the presence of the magistrate and the accused person where practicable and his advocate (if any) and thereafter the magistrate shall sign a certificate in the prescribed form relating to such destruction.(5)The production in court by either one of the authorised officers at the trial of an accused person of the sample or samples together with the designated analyst's certificate and the magistrate's certificate of destruction shall be conclusive proof as to the nature and quantity of the narcotic drug or psychotropic substance concerned and of the fact of its destruction in accordance with the provisions of this section.(6)The provisions of this section shall apply to all proceedings commenced on or after the 7th June, 2002.