10/12/1987

OF CRIMINAL APPEAL (INFERIOR)

AGIUS CARMEL A.

THE POLICE (INSPECTOR JOHN MIFSUD) vs JAMES BEAUCLERK DUNCAN

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DANGEROUS DRUGS - EXCHANGE CONTROL - POSSESSION OTHER THAN FOR ONE'S PERSONAL USE - PUNISHMENT - SURRENDER OF GOLD OR FOREIGN CURRENCY

According to subsection (5) of section 5 of the Exchange Control Act, in any proceedings, whether criminal or civil, in which any question arises as to whether any gold or foreign currency was offeredfor sale to an authorised dealer it shall be presumed, unless the contrary is proved, that the goldor currency in question was not offered for sale to an authorised dealer. A court may acquit a person of the charge of drug trafficking and yet may not be satisfied that the offender is not a personwho cultivates, produces, sells or otherwise deals in any drug or that the possession by him of thedangerous drug was for his own exclusive use.