RULES RELATING TO NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

Serial no.

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CONTENTS

A

Particulars

Chapter ITitle Decinition

Chapter IIRegistration, Medical Treatment and Deregistration of a Drug User.

Chapter IIIRehabilitation.

Chapter IVSearch, Arrest, Seizure of Exhibits,Attachment and Sealing.

Chapter VProcedure for the Exposure and Arrest of Undercover Main Offenders, Members of Local and Foreign Gangs and Groups.

Chapter VIInspection, making Copies and Seizure as Exhibit of Financial Records Involved in the offence Deposited at the Bank and Financial Instituions.

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CONTENTS

Serial no.

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8.9.

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B

Particulars

Chapter VIILaboratory Analysis.

Chapter VIIIProduction and Research.

Chapter IXUse, Possession, Storage, Sale, Transportation, Transmission and Transfer.

Chapter XImport and Export.

Chapter XIProsecution and Trial for Previous Conviction.

Chapter XIIExecution of Bond for Good Behaviour for Habitual Offenders and Notorious Persons.

Chapter XIIIMiscellaneous.

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CONTENTS

Serial no.

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15.

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20.

C

Particulars Pages

Form ( 1)Register of Drug Users. 52

Form (2 )Drug User Registration Card. 53

Form (3 )Application for Giving Medical Treatment 54to Drug Users.

Form (4 )Permit for Operating the Business of Giving 57Medical Treatment to Drug User.

Form (5 )Application for permission for Production/ 59Research of narcotic druds and psychotropic substances.

For m( 6 )Permit for Production / Research of Narcotic Drugs and Psychotropic Substances.

Form (7 )

Intimation requesting Pharmaceutical raw 6.1material for production / research of the narcotic drugs and Paychotropic substances.

CONTENTS

D

Serial no. Particulars Pages

Form ( 8 )21. The list of production, and research of 64

Narcotic Drugs and Psychotropic Substances.

Form ( 9 )22. Application for Storage / Sale of Narcotic 65

Drugs and Psychotropic Substances.

Form ( 10 )23. Permit for Stroage / Sale of Narcotic 67

Drugs and Psychotropic Substances.

Form ( 11)24. Application for Permission for Importing /' 68

Exporting of Narcotic Drugs and Psychotropic Substances.

Form ( 12 )25. Permit for Importing / Exporting of 70

Narcotic Drugs and Psychotropic Substances.

The Government of the Union of Myanmar Ministry of Home Affairs

Notification No. 1/95 Yangon, the 6th Waning day of Waso, 1357 ME

(17th July, 1995)

In exercise of the powers conferred under section 30, sub-section (a) of the Narcotic Drugs and Psychotropic Substances Law, the Ministry of Home Affairs, the Government of the Union of Myanmar prescribes the following Rules with the approval of the Government: -

Chapter I Title and Definition

1. These Rules shall be called the Rules Relating to Narcotic Drugs and Psychotropic Substances.

2. The expressions contained in these Rules shall have the same meanings as are assigned to them in the Narcotic Drugs and psychotropic Substances Law. In addition, the following expressions shall have the meanings given hereunder

(a) Law means the Narcotic Drugs and Psychotropic Substances Law.

(b) Offence means an offence against which action is taken under theNarcotic Drugs and Psychotropic Substances Law.

(c) D rug means narcotic drug of psychtropic substances.

(d) Law Enforcement Supervisory Committee means the committee formed by the Central Committee under section 7, sub-section (a) of the Law.

(e) Medical Treatment Sector means the sector formed by the Central Committee under section 7, sub-section (e) of the Law.

(1) Rehabilitation Sector means the sector formed by the Central Committee under section 7, sub-section (f) of the Law.

(g) Administrative Committee for Disposal of Narcotic Drugs and Psychotropic Substaces Seized means the Committee formed by the Central Committee under section 7, sub-section (i) of the Law.

(h) Supervisory Committee means the Supervisory Committee for Refistration and Medical Treatment of Drug User formed under Rule 3.

(i) Drug User Registration Centre means a hospital, or a dispensary prescribed by the Ministry of Health for registration of drug user.

(j) Drug user Treatment Centre means a hospital, dispensary of a medical centre permitted by the Ministry of Health for this purpose.

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(k) Register means a register of drug users prescribed as form (1) in these Rules.

(1) Registration Card means a registration card for drug user prescribed as Form (2) in these Rules.

(m) Medical Officer-in-Charge means a Medical Officer-in- Charge performing duty at the Drug Users Registration Centre of Drug Users Treatment Centre.

(n) Search Officer means an officer, not below the rank of Police Second Lieutenant of an officer not below the rank of Preventive Officer of the Customs Department. This expression also includes an officer assigned responsibility by the Ministry of Home Affairs, in co-ordination with the relevant Ministry to search and arrest in respect of any offence under the Law.

Chapter II Registration, Medical Treatment and

Deregistration of a Drug User3. (a) The State/Divisional Committee for Drug Abuse Control

shall form the respective Supervisory Committee for Registration and Medical Treatment of drug-Users at the following hospitals and dispensaries within their relevant regions in order to supervise effective implementation of the registration, medical treatment and deregistration of a drug user inaccordance with the Law

(1) The Psychiatric Hospital, Yangon,(2) The General Hospital, Mandalay,

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(3) Sao San Tun Hospital, Taunggyi,(4) The State and Divisional Hospitals,(5) The Drug Users Treatment Centre, Myitkyina,(6) The Drug Users Treatment Centre, Putao,(7) Township Hospitals,(8) The Drug Users Treatment Hospital, Thayetmyo,

Magway Division,(9) The Treatment and Rehabilitation Centre, Wethtikan,

Pyay Township,(10) The Drug Users Treatment Hospital,; Kathekwin,

Phekhone Township. Shan State,(11) Hospitals and Dispensaries extended by notification of

the Ministry of Health.

(b) In forming the respective Supervisory Committee, it shall consist of members not less than 3 and not more than 5 who are the representatives of the relevant departments and organizations, and the Chairman and the Secretary of the Supervisory Committee shall, at the same time be designated thereto.

4. The drug user shall, if he has attained the age of 18 years appear personally or if he has not attained the age of 18 years appear together with his parent or guardian at the Drug Users Registration Centre near to him and register thereat'

5. The Medical Officer-in-Charge Shall

(a) carry Out the work of registration under the directives and supervision of the Medical Treatment Sector and Supervisory Committee;

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(b) enrol in the register the name of the drug user who has come to register;

(c) issue registration card immediately after registration in the register;

(d) keep the registration book as confidential.

6. (a) The drug user shall report in advance to the Medicalofficers-in-Charge of the Drug Users Registration Centre and Drug Users Treatment Centre where hi is registered, if he has to shift to another region.

(b) The Medical Officer-in-Charge who receives the report under sub-rule (a) shall record the fact in the Register and Registration Card, in addition he shall inform the Medical Officer-in-Charge of the Drug Users Registration Centre and Medical Officer-in-Charge of the Drug Users Treatment Centre of the region to which th drug user will shift.

(c) The drug user shall report to the Medical Officer-in- Charge of the Drug Users Registration Centre to which he has shifted and register after showing his registration card.

7. The registered drug user shall ;-

(a) receive medical treatment at the Drug Users Treatment Centre;

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(b) obtain in advance the recommendation of the Medical Officer-in-Charge of the Drug Users Registration Centre, if he desires to receive medical treatment at the medical centre permitted by the Ministry of Health for medical treatment of drug users.

8. (a) A person desirous of carrying out the work of givingmedical treatment fo drug users at centres owned by private individuals, joint-ventures of organizations, shall apply to the Directorate of Health for permission in Rorm (3).

(b) When application is made under sub-rule (a), the Directorate of Health shall scrutinize inaccordance with the directives of the Ministry of Health and submit to the Ministry of Health with a remark of the Medical Treatment Sector.

(c) The Ministry of Health may, after scrutinizing under sub­rule (b) permit of refuse the application. If permission is to be given, it shall stipulate conditions and do so in Form (4).

9. The Officer-in-Charge of the prison or the Police Station ommander shall co-ordinate with the relevant Medical officer-in-Charge for registration and medical treatment of the following drug users ;-

(a) persons detained during the pendency of the case, after action taken under section 15 of the Law;

(b) persons serving sentence under section 15 of the Law, who are suffering from withdrawal effects and drug dependency;

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(c) persons detained under any section other than section 15 of the Law or under any other law, who are suffering from withdrawal effects and drug dependency.

10. The Medical Officer-in-Charge shall :-(a) give medical treatment inaccordance with the medical

treatment methods and directives issued by the Ministry of Health to the registered drug users under the directions and supervision of the Medical Treatment Sector and Supervisory Committee;

(b) write his treatment in the medical treatment record and in the treatment record of the Person receiving medical treatment and sign therein;

(c) give medical treatment to the indoor patients and outdoor patients who are undergoing medical treatment at the Drug Users Treatment Centres and direct them to undergo check­up regularly as prescribed from time to time by the Ministry of Health so that the use of drugs may not recur;

(d) on termination of medical treatment, if it is found after re-examination inaccordance with directives, that there has been no further usage of drugs, deregister the name of such person from the addict. List, after due decision by the Supervisory Committee and issue a certificate of the cure;

(e) take back the registration card from the person whose name is deregistered and keep his record of treatment safely for two years.

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11. The Township Committees for Drug Abuse Control shall carry out as follow in rspect of registration, medical treatment and deregistration of drug users :-

(a) undertaking the responsibility or supervising the imple­mentation of the works of the Supervisory Committee in­accordance with the directives of the Central Committee, the respective State. Disvisional and District Committee for Drug Abuse Control;

(b) inspecting the Drug Users Registration Centres and Drug Users Treatment Centres From time to time and giving directives as may be necessary;

(c) co-ordinating with the departments, organizations, Ward and Village Tract Committee for Drug Abuse Control within its Township in order to have effectiveness in practical implementation of the works.

12. The Medical Officer-in-Charge shall compile a report in respect of registration, medical treatment and deregistration of drug users inaccordance with the directives of the Directorate of Health, and submit it to the Central Committee and Medical Treatment Sector.

13. (a) Any Medical Officer of a hospital, clinic, medical centreof any place other than the Drug Users Treatment Centre shall repoft without delay to the relevant Drug Users Treatment Centre, if an unregistered drug user comes to him for medical treatment.

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(b) A drug user who undergoes medical treatment at a hospital, clinic, a medical centre or any other place with the exception of thking medical treatment at the Drug Users Treatment Centre, shall have action taken against him under section 15 of the Law.

(c) Any person who gives medical treatment without permis­sion or allows the use of drugs knowing a person to be a drug user shall have action taken against him for abetment.

Chapter III Rehabilitation

14. The Ministry of Social Welfare, Relief and Resettlement shall lay down and carry out work programmes in co-ordination with the relevant Ministries and working committees formed by the Central Committee under section 7 of the law for successful implementation regarding rehabilitation and after-care of drug users in-accordance with the work directives land down by the Central Committee.

15. The Department of Social Welfare shall carry out the following rehabilitation works under the supervision of the Ministry of Social Welfare, Relief and Resettlement and Rehabilitation Sector

(a) rendering assistance to persons undergoing medical treatment and to the families dependent on them to enable them to carry out crop cultivation, livestock breeding of other means of livelihood and to obtain materials and aids;

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(b) opening rehabilitation training courses for persons who have undergone medical treatment and teaching them means of livelihood to enable them to resume their normal lives and earn their living in stable circumstances;

(c) providing for resettlement and afetr-care of the persons who have attended training courses, in co-ordination with the relevant departments and organizations, to enable them to earn their living with their own capability;

(d) conducting expertise training courses for the relevant persons in order to implement systematically and effectively work of rehabilitation drug users.

16. The Supervisory Committee shall, after examining persons who have undergone medical treatment, co-ordinate with Department of Social Welfare to enable such persons to attend rehabilitation train­ing courses, if necessary for mental and physical rehabilitation.

17-....The Social Welfare Department shall :-

(a) accept persons who have undergone medical treatment and who need rehabilitation and after-care, at the reha­bilitation training courses and give vocational training according to their health and age;

(b) co-ordinate with the Prison Department to give vocational training as may be necessary to persons serving sentences under section 15;

(c) determine the cdnditions in respect of the rehabilitation training course;

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(d) during the period before arrangment can be made for resettlement of persons who have undergone medical treatment, accept and look after at the youth training schools including Parahita Schools, if he has not attained the age of 18 years.

18. The Prison Department shall:-(a) give vocational training to the persons serving sentences

under section 15 of the Law, as necessary means of livelihood for rehabilitation;

(b) give training only on agriculture and livestock breeding and small scale industries if a person serving sentence under section 15 is a female or has not attained the age of 18 years;

(c) give vocational training as means of livelihood, depend­ing upon the nature of the offence and duration of the punishment, to a person serving sentence under any section other than section 15 of the law or under any other law and suffering from symptoms of withdrawal effect and drug dependency;

(d) co-ordinate with the Department of Social Welfare if necessary in giving vocational training and means of livelihood for rehabilitation.

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Chapter IV Search, Arrest, Seizure of Exhibits,

Attachment and Sealing

19. The Search Officer shall search in any public building, place or vehicle / vessel and shall search the offender and arrest him without search warrant. If such search and arret have been made, the materials involved in the offence, shall be seized as exhibits in­accordance with Rule 26.

20. Whoever sees an offence being committed in his presence at a public place, may arrest the offender and seize the exhibits without a search warrant, and after such arrest shall hand over systematically to any member of the Myanmar Police Force without delay. If there is no member of the Myanmar Police Force, such offender shall be handed over to the nearest police station systematically and immedi­ately together with the exhibits.

21., If, in any private house, building, place or vehicle/vessel there is sufficient ground that an offence is being committed or being attempted to be committed, or sufficient ground to believe that illegal drug or material involved in an offence is being kept or concealed, any of the following persons may issue the search warrant to the search officer to make a search in such house, building, place or vehicle/ vessel :-

(a) the relevant Township Police Force commander in the case of the Myanmar Police Force;

(b) the Police Force Commander of Deputy Commander in the case of the Criminal Investigation Department;

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(c) the Police Force Commander or Deputy Commander in the case of the Special Investigation Department;

(d) In the case of the Customs Department -(i) Director of the Customs Department for Yangon

Division;(n) the Head of the Township Customs Department for

other Township;

(e) for the Anti-Narcotic Task Forces, the Officer-in-Charge thereof;

(f) an officer not below the rank of a Gazetted Officer assigned duty by the Ministry of Home Affairs in co-ordination with the relevant Ministry.

22. The person issuing the search warrant shall carry out as follows :-

(a) shall record in writing a summary of the information received or sufficient grounds to belief before issuing the search warrant;

(b) the name of the informant shall not be mentioned in the search warrant issued;

(c) a search officer shall be assigned duty to execute the search warrant;

(d) the,house, building, place or vehicle/vessel to be searched sftall be mentioned accurately in the search warrant;

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23. The search officer assigned duty to execute the search warrant shall carry out as follows :-

(a) shall execute search warrant personally and shall not assign it to any other person.

(b) shall execute the search warrant within 7 days from the date of issue.

(c) shall arrest the persons bearing evidence of having committed the offence found in the house, building, place or vehicle/vessel included in the search warrant.

(d) shall seize as exhibit, the materials involved in the offence inaccordance with Rule 26.

(e) shall report in writing, the particulars concerning the search to the person issuing the search warrant within 24 hours from the time of the search.

24. (a) Where a search officer receives information or suspects thetany drug is being carried internally in the body of a human being or an animal by swallowing or by any other means, he may, after obtaining the permission from the relevant officer who is authorized to issue such search warrant, cause to take X-ray examination or other exami-nations with sophisticated apparatus and seize the drug, if found.

(b) In examining under sub-rule (a), if any drug is found being earned internally, the search officer shall, in order to take such drug out of the human body, get medical paractitioner's help for excretion and seize such drug. Where it is not possible to search and seize in such manner and an emergency operation is required for the seizure and the person also consents to be poerated on, he shall be sent to the nearest Government hospital. Provided that such measure shall not be carried out for taking out the same from the body of an animal.

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(c) If such person refuses to undergo an operation the search officer shall, by an order of the relevant Township Judge, send him to the nearest Government hospital for canying out an emergency operation.

(d) Inaccordance with the directives issued by the Department of Health, the medical officer ot the Government hospital shall, if an emergency operation is necessary operate and take the drugs out of the person carrying them internally.

(e) The search officer shall seize the drugs carried internally inaccordance with Rule 26.

25. If the search officer makes the search, arrest or seizure of mate­rials as exhibit form the information of a person, a confidential report in writing shall, without delay be submitted to the superior officer mentioning the person by whom information was given.

26. In respect of the seizure, attachment and sealing of the materials involved in an offence as exhibits, it shall be carried out as follows

(a) the search officer shall, in the persence of witnesses seize, weigh and record the weight of the drugs and the chemicals which the relevant Ministry has, by notification declared to be materials used in the production of drugs found. Then, in the persence of such witnesses, samples of such drugs and chemicals, shall be taken for laboratory analysis inaccordance with the directive.

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(b) after obtaining samples for laboratory analysis the search officer ahsll take samples again from the remaining drugs of chemicals for producing as exhibit before the Court. If the weight, amount and quantity of the remaining drugs or chemicals are less than those prescribed under sec-tion 26 of the Law, samples of all the remaining drugs and chemicals shall be taken for exhibits; if the weight, volume and quantity of the remnant are more than those prescribed under section 26 of the Law, only the stipulated weight, volume and quantity shall be tgaken for edhibits.

(c) the search officer shall pack the drugs, chemical and samples seized under sub-rule (a) and (b) in the presence of those witnesses and seal them; then the search officer and the witnesses shall put the signature on it in order prevent alteration or conversion of the sample.

(d) the search officer shall seize the money, movable property, implements, vehicles/vessels and animals involved in the offence as exhibits.

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(e) the search officer, in order to allow seizure o f the immovable property as exhibit involved in any offence under sections 19 and 20 of the Law or cash, material and benefits derived from the concealment, causing to disappear, transfer or conversion of such money, property and benefits involved in the offence under section 19 sub­section (c) and (d) of the Law; shall submit a summary of the findings in a report to the Central Committee through the Head of his department of organization.

(f) in addition to submitting under sub-rule (e), the search officer shall submit a report to the Central Committee through the Head of his department or organization for the issuance of the attachment order if the immovable property involved in any offence under section 19 and section 20 of the Law, ought to be attached in-accordance with the directive issued by the Central Committee or the seal order, if it is found that it oughtto be sealed simultaneously with the attachment.

(g) the Central Committee shall scrutinize Ihe submission under sub-rule (e) and (f) without delay and issue the permit to the search officer if it is found to be permissi-ble. If it is found that permission should not be given, it shall inform the search officer of the same.

(h) the search officer shall attach the attachment order or seal order in a conspicuous place of the property and, shall also attach the same in the relevant Offices of the Township and the Ward and Village Tract Law and Order Restora­tion Council.

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(i) if the offender or an aggrieved person applies for resto­ration of an immovable property sealed during the trial by showing sufficient grounds, the Central Committee may return the sealed immovable property directing that a bond for a sufficient amount be executed.

(j) no one shall sell, mortgage, lease, transfer by any other means or allow any person to reside in an immovable property which has been ordered to be attached.

(k) if permission is not allowed for restoration of an immovable property under the seal order, the search officer shall, by removing the peoples residing there upon seize by locking and sealing it.

(1) the Central Committee shall assign responsibility to th relevant Township Police Force Commander to ensure the security of the sealed immovable property.

(m) the Central Committee may assign responsibility to thSecreatary of the Central Committee to enable theperformance of its functions and duties contained in Rule26 to be timely, effective and successful. The secretary ofthe Central Committee shall submit his perormance undersuch assignment to the nearest meeting of the CentralCommittee and obtain approval thereof.

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27. In respect of drugs and other property seized as exhibits the following shall be carried out :-

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(a) the search officer shall lodge the First Information Report and hand ov^r systematically the seized drugs and other property involved in the offence to the Officer-in-Charge of the Police Station without delay.

(b) the Officer-in-Charge of the Police Station shall, inaccordance with the provisions of these Rules, send samples of the drugs and other chemicals handed over to him for laboratory analysis. The samples of the exhibits to be submitted before the Court shall be kept Safely and securely during the trial.

(c) the Officer-in-Charge of the Ploice Station shall hand over the drugs and chemical, other than the samples to the Criminal Investigation Department inaccordance with the directives.

(d) the Office-in-Charge of the Police Station shall, at the time of sending up the case submit exhibits which can be easily producible before the Court, out of the exhibits seized; if there is any property which cannot be easily producible before the Court, it need not be produced before the Court and a report, giving resons of inability for production, showing location and storage conditions thereof may be submittd together with a search list, relevant documents and photos.

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(e) if the samples of the drugs and chemicals releting to the offence have been taken for producing before the Court as exhibit under the Rule 26 (b), they shall be produced during the trial, should the Court summon to do so. If the package of samples are opened and inspected by the Court, it shall be resealed again thereafter just before the Court, sealing it by the relevant Court and the Police Station and signed thereon.

(f) in the case prosecuted, the Township Police Force Commander shall comply with the final order passed by the Court in respect of the exhibits of drugs, chemicals and the property involved in th offence.

28. In the course of a military operation by the Tatmadaw, if persons are foud committing any offence, the Officer-in-Charge of the Army Unit may arrest and seize the drugs, chemicals, money, implements, vehicles /vessels and animals involved in the offence. The arrested persons and exhibits together with a cartified copy of the excerpt from the Daily Situation Report shall be handed over systemtically to the nearest Police Station without delay.

29. In respect of drugs and property involved in an offence, where the owner is unknown, the following shall be carried out in the search

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(a) if the search officer finds drugs and property involved in the offence where the owner is unknown, he shall, after lodging the First Information Report at the Police Station, make enquiries and carry out investigatons to reveal the offender inaccordance with the provissions of the Criminal Proceduer Code; nevertheless; if the offender cannot be revealed, the Township Police Force Comander shall proceed for closure of the case as an undetected one. inaccordance with the existing Laws, orders and directives.

(b) if the _seized property the owner of which is unknown is perishable or difficult for maintenance and incurs heavy expenditure, the Township Police Force Com-mander shall submit to the relevant Township Commit-tee foi Drug Abuse Control to obtain permission for taking appropriate action and shall procced to carry out inaccordance with the decision of the said Committee.

(c) if a person nit involved in the offence applies and claims with valid evidence for the property the owner of which is unknown, the Township Police Force Com-mander shall examine and submit together with the findings to the relevant Township Committee for Drug Abuse Control and shall proceed to carry out in-accordance with the decision of the said Committee.

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(d) the Township Police Force Commander shall submit to the relevant Township Committee for Drug Abuse Control

, to confiscate and dispose of, in any appropriate way, the drugs and property the owner of which is unknown and the case is to be closed as undetected.

(e) the Township Committee for Drug Abuse Control shall scrutinize the application submitted under sub-rule (d) and carry out as follows

ti) confiscating the drugs and property which ought to be done so, and sending them for disposal to the Committee for Disposal of Narcotic Drugs and Psychotropic Substances Seized and Disposing of the Property that can be utilized, inaccordance with the instructions of the Central Committee;

(ii) allowing the property which should not be confiscated to be destroyed;

(iii) allowing to be properly auctioned or disposed in any way property which is perishable or difficult for maintenance and incurs heavy expenditure, inaccordance with the directives of the Central Committee.

30. In the absence of express provisions in these Rules regarding the issue of search warrant, search, arrest or seizure as exhibits for any offence, the provisions of the Criminal Procedure Code shall be complied with.

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31. Action shall be taken under the relevant law against a person authorized to search and arrest under these Rules, who commits any of the following acts

(a) entering, searching, causing to enter or search a private house, building, place or vehicle/vessel without any cause for believing that an offence has been committed and without a search warrant;

(b) searching or seizing the property of a person with intent to disturb him unnecessarily, by showing cause for search or seizure of any drug or any other property to be confiscated under the Law;

(c) detaining or searching any person against whom there is no cause to believe that he has committed any offence, with intent to disturb him unnecessarily;

(d) arresting deliberately any person without evidence that he has Committed any offence, with intent to aggrieve him.

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Chapter V

Procedure for the Exposure and Arrest of Undercover Main Offenders, Members of Local and Foreign

Gangs and Groups

32. The Central Committee shall implement by co-operating with the International and Regional Organizations, States parties to the Conventions and neighbouring States in prevention and suppression of the danger of drugs, eradication of illicit traffic of drugs and precursor chemicals used in the production of the same across the border, of reduction of drug abuse and total eradication of opium cultivation in the border areas by laying down programmes for the progress and development of socio-economy, affairs thereof, in­accordance with the Conventions and Agreements in which Myanmar is a party.

33. In carrying out the following procedures for the seizure of drugs en masse, arrest and exposure of undercover main offenders and mem-bers of local and foreign gangs or groups, the Central Committee may incurspecial expenditures from the State Budget with the approval of the Government

(a) exposing and arresting by advancement of money and property;

(b) exposing and arresting the offender by survillance investigation;

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(c) exposing and arresting by using a secret hardcore informant.

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34. The following shall be carried out in exposure and arrest by advancement of money and property

(a) State / Divisional Police Force Commander or Special Anti-Narcotic Task Force Unit shall, in order to dis­charge such duties effectively and successfully draw schemes on casewise basis and submit a report classi­fied as confidential to the law Enforcement Supervisory Committee.

(b) the Law Enforcement Supervisory Committee may, after scrutinizing the submission under sub-rule (a) on casewise basis and if it is found that permission should be granted, permit the scheme by forming a Team for the Implementation of the Scheme.

(c) the Officer leading the Team for the Implementation of the Scheme shall supervise and undertake responsibility to prevent the loss, shortage or disappearance of the money and other property advanced for use in the course of the exposure and arrest of such offenders.

(d) the Officer leading the Team for Implementation of the Scheme shall submit a report and a list of money and property recovered out of the advancement to the Law Enforcement Supervisory Committee.

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(e) in prosecuting before the Court an offence shich has been exposed and seized by advancement of money and property, the Officer leading the Team for Implementa­tion of the Scheme shall produce before the Court money and property recovered out of the advancement together with the list thereof which has been submitted to the Law Enforcement Supervisory Committee and may apply to the Court to return the same to them during the trial.

(f) on the application made under sub-rule (e), the Court shall, after comparing the evidence produced and such money and property and if found that the seizure and exposure were by advancement return the same to them.

35. For the exposure and arrest of the undercover main offenders and members of local or foreign gangs and groups, the search Officers shall do so by laying down programmes inaccordance with the directives issued by the Central Committee in respect of exposure and arrest of offenders by survillance investigation or by using a secret hardcore informant.

Chapter VI Inspection, making Copies and Seizure as Exhibit of Financial Records Involved in the offence Deposited at the Bank and

Financial Institutions

36. The following shall be carried out in respect of the inspection, making copies and seizure as exhibit of financial records involved in the offence deposited at the banks and financial institutions

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(a) if it is necessary to inspect, make copies and seize as exhibit the financial records involved in the offence, the search officer shall submit mentioning the following facts as confidential to the Secretaiy of the Central Committee through his superior officer :-

(i) summary of the offence exposed upon investiga­tion,

(ii) findings and evidence of the commission of the offence,

(in) measure desired to be carried out and time and period thereof,

(iv) name and address of the bank or financial institu­tion at which the measure is to be carried out;

(v) name and designation of the officer of the search­ing department or organization.

(b) on receiving the submission under sub-rule (a), the secretaiy of the Central Committee, after scrutiny :-

(i) may inform the Chairman of Managing Director of the relevant bank and financial institution or officer-in-charge of the branch office of the bank if it is incorporate abroad, in order to be able to direct, as may be necessary, that the money, property or benefits involved in the offence are not to be drawn or transferred by the relevant banks or financial institutionswithout the order of the Central Committee, and direct by issuing order to the responsible manager of the relevant banks or financial institutions. A copy of such directive shall be sent to the Central Bank for information.

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(ii) inaccordance with the directive of the Central Committee for allowing the relevant search officer to inspect, make copies or seize as exhibit financial records involved in the offence, may inform the Chairman or the Managing Director of the relevant bank and financial institution or officer-in-charge of the branch office of the bank if it is incorporated abroad, and direct by issuing order to the responsible manager of the relevant bank and financial institution. A copy of such directive shall be sent to the Central Bank for information.

(c) inaccordance with the order issued by the Central Committee the search officer may inspect, make copies, seize such copies with search list of the financial records, or seize as exhibit the money and property deposited by the offender.

(d) the sea :h officer shall, before sending up for prosecu­tion, systematically deposit the money and gems seized with the relevant bank and financial institution. The bank and financial institution shall receive and take custody of such money and gems deposited.

37. In respect of the money, property and benefits involved in the offence, the responsible person from the banks and financial institutions shall

(a) allow the search officers to inspect, make copies of the financial records and seize as exhibit the property which the offender deposited, inaccordance with the order issued by the Central Committee.

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(b) not return or transfer, before sending up for prosecution without permission of the Central Committee, or in the cases already prosecuted, without the permission of the relevant Court.

Chapter VII Laboratory Analysis

38. The Central Committee shall co-ordinate with the relevant Ministry in order to extend and establish laboratories in appropriate regions by such Ministry for analysis, without delay, of drugs and Precursor chemicals used in the production of drugs.

39. For laboratory analysis of drug and Precursor chemical used in the production of drugs seized as exhibits, the following shall be car­ried out :-

(a) the investigation officer shall make an outer packing over the sample package for laboratory analysis before the search officer, and the investigation officer and the officer- in-charge of the Police Station shall then seal it with the official seal as prescribed by the Headquarters of the Myanmar Police Force or an edgraved seal and sign thereupon. The contents of the package shall be stated on the outer package.

(b) the investigaton officer shall, together with the sample package so packed, enclose the forwarding letter in an envelope and seal wity the'prescribed seal or an engraved seal and sign thereupon. The name and designation of the member of the Myanmar Police Force who is to send them shall be stated in the forwarding letter.

30

40. Laboratory analysis of urine and blood shll be carried out as follows to determine whether a drug is used or not :-

(a) with the exception of areas where transportation and' communication are difficult, not withstanding it being a holiday the investigation officer shall, in order to have the urine sample, send the person against whom action is being taken under section 15 of the Law to the relevant Medical Officer-in- Charge within 48 hours from the time of his custody, together with a medical report (Police Form 75), accompanied by a member of the Myanmar Police Force.

(b) in areas where transportation and communication are difficult, if it is implssible to have such person's urine sample within 48 hours, the investigation officer shall, in order to have such sample of urine and blood, send the person to the relevant Medical Officer-in-Charge within 72 hours from the date of his custody, not with-standing it being a holiday, together with a medical report ( Police Form 75) accompanied by a member of the Myanmar Police Force.

(c) the Medical Officer-in-Charge, taking the samples of urine and blood, shall undertake responsibility to prevent errors in identity between persons from whom samples have been taken out. In addition, each sample bottle of urine and blood shall be sealed with the prescribed seal or an engraved seal, and the name and the registration number of the person from whom samples have been taken out, number of First Information Report and section of offence shall be noted and signed thereon.

(d) the Officer-in-Charge of the Police Station and the investigation officer shall, together with the sample bottle of urine and blood, enclose the forwarding letter in an envelope and seal with the prescribed seal or an engraved seal and sign thereon.

31

41. (a) The Officer-in-Charge of the Police Station shall, in-accordancewith the directive issued by the Headquarters of the Myanmar Police Force send the drug or chemical package which is enclosed in the envelope to the laboratory prescribed by the < relevant Ministry by foroarding it with any member of the Myanmar Police Force, without delay.

(b) The envelope enclosed with the forwarding letter together with sample bottles of urine and blood shall be sent to the laboratoiy prescribed for the analysis in-accordance with the directive issued by the relevant Ministry.

42. (a) The person sending such sample of drug, chemicals, urine andbolld for analysis and the envelope that encloses the forwsrding letter shall cany them systematically and safely inaccordance with the directive and deliver them to the responsible person of the laboratory.

(b) The responsible person of the laboratory shall examine the forwarding letter and samples sent for laboratory analysis whether prescribed seal of engraved seal and signatures are correct or not, whether they are sent by assigned person himself or not, whether the materials sent for test are correct or not. In so examining, if it is found that there is incorrectness or that asmple package which is sent for analysis is tampered, such person shall not accept them and shall return them and inform in a separate letter. In addition, he shall report the reason of non-acceptance to the Police Director General if it concerns a member of the Myanmar Police Force or to the Director General of the Health Department if it comcems a health personnel. He shall record such measures in the diary.

32

(c) If the responsible person from the laboratory finds that the forwarding letter which he has received and the package or the bottle which is to be analysed are correct and not tampered, he shall personally give it a secret code number and cause the staff of the laboratory to analyse it.

(d) The responsible person from the laboratory and the staff who analyses shall record the findings and sign in the laboratory anslysis record.

(e) The responsible person from the laboratory shall, after analysing, send the reply letter of chemical findings not later than 14 days.

43. On receiving the reply of the chemical report from the laboratories such as Criminal Investigation Department or the office of the Chemical Examiner or the laboratory which has been extended and established by the relevant Ministry, the original copy of such reply shall be attached, as exhibit, in the case file of the relevant Court. This report constitutes a valid evidence.

Chapter VIII Production and Research

44. (a) If any enterprise, department, organization and person desires to produce drugs other than prohibited drugs which have been prescribed under notification issued by the Ministry of Health of drugs which have been prepared by such drugs, or to do research for the purpose of preparing drugs or given medical treatment for health matter shall in order to obtain permission, apply to the Ministry of Health in Form (5).

33

(b) The enterprises, departments, organizations and persons desirous of producing the said drugs shall have obtained registration certificate and licence under the National Drug Law before applying for permission under sub-rule (a).

(c) The Ministry of Health shall after scrutinizing the application for permission to produce to do research, issue the permit in Form (6) if it is not refused. In issuing such permission, the type, quality, quantity and weight of the drugs which they are entitled to produce or to do research shall be prescribed and the conditions shall be stipulated.

45. The enterprises, departments, organizations and persons who or which have obtained permission to produce drugs or to do research, shall in order to obtain pharmaceutical raw materials carry out as follows

(a) shall complie a list of the type, quality, quantity and weight of pharmaceutical raw materials, in Form (7) in order to obtain the such pharmaceutical raw meterials required within on year for their works and send intimation to Administrative Committee for Disposal of I^rcotic Drugs and Psychotropic Substances Seized which has been assigned for this purpose at least 6 months in advance before the end of the relevant financial year.

(b) the purpose for which it is required and the manner in which it is to be used in respect of the pharmaceutical raw materials shall be stated in detail in the information letter.

46. The Administrative Committee for Disposal ofNarcotic Drugs and Psychotropic Substances Seized, after scrutinizing each of the information letters received, may arrange and carry out measures as follows to enable the required type, quality, quantity and weight of pharmaceutical raw meaterials to be obtained within the required year :-

34

(a) if it is crude opium which can be obtained locally, may allow to purchase of the same after co-ordinating with the relevant departments and organizations.

(b) if it is pharmaceutical raw material which shall have to be purchased from abroad, may allow import of the same after co-ordinating with the relevant departments and organizations.

47. The enterprises, departments, organizations and persons who or which have obtained permission to produce drugs or to do research shall, inaccordance with the directive of the Ministry of Health, carry out as follows :-

(a) shall receive the pharmaceutical raw materials in a list systematically and store and maintain them safely.

(b) shall lay down the programme of supervision for each and every process of research and production and shall carry out such research or production in order to achieve the stage of drug ready for use.

(c) shall carry out the maintenance and distribution of the drug produced in a list systematically.

(d) shall compile a list in Form (8) of the pharmaceutical raw materials, drugs, in respect of which research has been done or drugs which have been produced, drugs distributed and the remaining pharmaceutical raw materials and drugs and send it to the Administrative Committee for Disposal of Narcotic Drugs and Psychotropic Substances Seized.

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Chapter IX Use, Possession, Storage, Sale, Transportation,

Transmission and Transfer

4 8. With the exception of the prohibited drugs which have been prescribed under notification issued by the Ministry of Health, the following enterprises, departments, organiztions and persons have the right to use and possess other drugs and the drugs which have been prepared with such drugs inaccordance with the directives pre-scribed

(a) medical corps, hospitals and dispensaries under the Director of Medical Services of the Ministry of Defence;

(b) hospitals and dispensaries under the Ministry of Health;(c) Institutes of Medicine, Institutes of Paramedical Science and

Institutes of Livestock Breeding and Veterinary;(d) the Medical Research Centre and other departments relating

to works of research recognized by the Govem-ment;(e) the Myanma Pharmaceutical Industries, the Ministry of

Industry-I;(f) the medicine shops under the Ministry of Trade;(g) the private medical centres registered under the relevant law;

(h) the medical practitioners registered under the relevant laws and rules;

(i) the patients and owners ©f animal who have been given prescription by the registered medical practitioner to use for any disease;

36

(j) the veterinary surgeons who have passed from the Institute of Veterinary Science hospital, medical centres, the Institute of Livestock Breeding and Veterinary of similar Institutes and the Institute of Veterinary Science recognized by the Government;

(k) the enterprises, departments, organizations and persons who or which have obtained pemr ssion for production and research under Rule 44;

0) the persons from the departments and organizations who or which have to take action under the Law;

(m) the enterprises, departments, organizations and persons who or which have been permitted under notification issued by the Ministry of Health from time to time.

49. The Ministry of Health shall prescribe the type, quality, quantity and weight of drug which is desired to be used or possessed and stipulate the conditions for the enterprises, departments, organizations and persons who or which have the right to use and possess under Rule 48.

50. The enterprises, departments, organizations and persons who or which have the right to use and possess under Rule 48, have the following rights and duties:-

(a) have the right to use and possess the tyee, quality, quantity and weight of drug not exceeding the amount prescribed by the Ministry of Health from time to time.

(b) shall keep the said drugs which are in their possession separately and safely inaccordance with the stipulation.

(c) shall keep a register of the receipt and issue of th type, quality, quantity and weight of drugs.

37

(d) shall keep a register of the receipt and issue of the type and amount of drug, and the day on which it was received and the amount used for which patient or animal.

(e) shall show such register and records to the person who has been assigned the duty of inspection by the relevant Ministry, if they axe demanded for inspection.

(f) shall keep and maintain the used register and records for 2 years from the date of being used.

(g) shall not keep the drugs for more than two weeks in the possession of the patient or owner of the animal who has been instructed to use for any kind of disease by the registered medical parctitioner.

51. (a) The enterprises, departments, organizations and persons desirous of storing or selling other drugs and the drugs which have been prepared with such drugs, with the exception of the prohibite drugs which the Ministry of Health has, by notification prescribed, shall apply for a permission in Form(9)to the Ministry of Health.

(b) The enterprises, departments,organizations and persons desirous of storing or selling the said drugs shall have obtained the registration certificate and licence under the National Drug Law before applying for permission from the Ministry of Health.

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(c) The Ministry of Health shall, after scrutinizing the application for permission for storage or sale of the said drugs, issue a permit in Form( 10) if it is not refused. In issuing such permit, the type, quality, quantity and weight of drugs which they are entitled to store or sell shall be prescribed and the conditions there of shall be stipulated.

52. The enterprises, departments, organizations and persons who or which have obtained the right to store or sell the drugs prescribed under Rule 51 have the following rights and duties: -

(a) have the right to store the prescribed type of drug not exceeding the quantity and weight prescribed by the Ministry of Health.

(b) have the right to sell to the departments, organizations and persons entitled for use and possess under Rule 48 inaccordance with the directives prescribed by the Ministry of Health.

(c) may sell to the registered medical practitioners, registered dental surgeons and veterinary surgeons recognized by the Government after causing them to show their registration cards or recognized certificates, inaccordance with the directives and conditions prescribed by the Ministry of Health. In addition, they have the right to sell to the patients if they show the recommendation of such doctors or surgeons for purchasing

*durgs inaccordance with the directives and conditions.

39

(d) shall open a record stating fully the registration card number

or recognized card number and address of the person to whom

and in what amount and the type of drugs have been sold

together with the date. Such register and record shall be show

if they are demanded for inspection to the person who has

been assigned the duty of inspection by the relevant Ministry.

53. The enterprises, departments, organizations and persons who are

entitled to produce, do research, use, possess,store, transfer and sell the

durgs prescribed by the Ministry of Health: -

(a) may transport inaccordance with the prescribed conditions

within the Union of Myanmar.

(b) may transmit and tranfer to the enterprises, departments,

organizations and persons entitled to use and possess under

Rule 48. Such transmission and transfer shall be carried out as

follows: -

(i) shall have a statement as to who transmitted or transferred to whom and on which date and for what purpose.

(ii) shall have valid supporting documents relating to the transmission or transfer.

(lii) shall state precisely the type, quality, quantity and weight of drug. ‘

(iv) shall have an agreement signed by both parties for transmission, transfer and acceptance.

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Chapter X

Import and Export

54. (a) The enterprises,departments, organizations and persons desirous of importing or exporting druge other than the prohibited drugs which the Ministiy ofHealth has by notification prescribed, shall apply for permission in Form(ll)to the Ministry ofHealth.

(b) The enterprises, departments, organizations and persons desirous of importing or exporting the said drugs shall have obtained the permission for importing or exporting under the National Drug Law before applying for permission under Sub- rule(a).

(c) The Ministiy ofHealth shall, after scrutinizing the application for importing or exporting issue a permit in Form(l 2) if it is not refused. In issuing such permit the type, quality, quantity and weight of drug which they are entitled to import or export shall be prescribed and conditions thereof shall be stipulated.

55. The Director General of the Customs Department shall with the approval of the Law Enforcement Supervisory Committee determine the

airport,port or centres and offices of the border trade, to which the permitted

drugs are to be transported by the enterprises, departments, organizations

and persons who or which have obtained permit under Rule 54.

41

5 6. The enterprise, departmene, organization and persons who or which have obtained a permit under Rules 54 shall carry out as follows in respect of import and export ;-

(a) shall obtain export and import licence issued by the Ministry of Trade and carry out, after obtaining the permission of the Ministry of Health.

(b) shall pack the permitted drugs systematically and safely. The following particulars shall be mentioned and fixed firmly in a conspicuous place in such package and they shall not be altered;-

(i) the route such as by way of air, waterway and road by which such drugs shall be imported or exported, the journey and places to be stopped at;

(ii) duration of time within which to carry out the work;(iif) the type, quality, quality and weight of drug;(iv) the names and addresses of the foreign enterprises,

departments, organizations, and persons to whom import is to be made, or from whom export is to be made.

(v) the purpose for which it is to be used;(vi) photostat-copy of the permit of the Ministry of Health;(vii) photostat-copy of the export and import business licence

issued by the Ministry of Trade.(c) the said particulars shall also be mentioned in the bill of lading

and shall arrange to show such permit and the export and

import business licence readily.(d) shall cany out inaccordance with the stipulations and conditiond

contained in the permit.

(e) shall be subject to inspection by the responsible persons

throughout the journey.(f) shall cross and travel according to the prescribed route and

shall transit and berth only at the prescribed airport, port and border trade centre in importing or crossing the territory of

the Union of Myanmar and making a transit thereof.

(g) shall, when importing, describe specifically in the invoice form

prescribed by the Customs Department together with the valid

certificate of a permit to export of the exporting country and

shall submit the declaration form to the Customs Department.(h) shall submit a declaration form to the Customs Department as

prescribed in sub-rule(g) and shall be subject to the inspection

in order to be able to know whether it conforms with the

international restrictions or not, in respect of transportation in

any vehicle or vessel for the work of first aid or for emergency

treatment according to the international transportation.

Chapter XI

Prosecution and Trial for Previous Conviction57. The investigation officer shall;

(a) prosecute a person who is guilty of any act provided in a sub­

section of section 16 to 20 also under section 23 if he had

been previously convicted for any act provided in the same

sub-section of tlie same section, for the purpose of passing

the maximum punishment due to the previous conviction.

43

e.g Previously, Maung Phyu had been convicted under section 16(c) of the Law for possession of drug. When he is prosecuted again under section 16(c) for possession of drug or under section 16(c) for transporting drug, he shall also be charged jointly with section 23.

e.g Previously, Maung Phyu had been convicted under section 16(c) for possession of drug. When he is prosecuted again under section 16(a) for cultivation of opium, he shall not be charged jointly with section 23.

(b) prosecute person also under section 23 if he had been previously convicted or has subsequently committed any act provided in the same sub-section of the same section or both the previous offence and subsequent offence, under section 21 for attempt, conspiracy, organizing, administering or providing financial assistance or abetment to commit any-act provided in a sub-section of sections 16 to 20, for the purpose of passing the maximum punishment due to the previous conviction.

e.g Previously, Maung Phyu had been convicted under section 16(c)/21 and is again prosecuted under section 16(c), in this case, he shall also be charged jointly with section 23.

e.g Previously,Maung Phyu Ijad been convicted under section 16(c) and is again prosecuted under section 16(c)/21 ,in this case, he shall also be charged jointly with section 23.

44

e.g Previously,Maung Phyu had been convicted under section 16(c) 121 and is again prosecuted under section 16(c)/21, in this case, he shall also be charged jointly with section 23.

(c) not prosecute a person also under section 23 if he, although convicted for any act provided in a sub-section of sections 16 to 20 or any act of section 21, had been released upon an amnesty or acquitted in appeal or revision for all ofhis offences.

(d) submit to the Court for additional charge under section 23 if it is found out later that there was a previous conviction for the same act after sending up for trial, but before judgement is proniunced, notwithstanding that prosecution also under section 23 was not possible as it was not found that there was a previous conviction for the same act before sending up for trial.

(e) when prosecution is also under section 23 :-(i) be accompanied by a certified true copy of

the judgement of previous conviction or a copy of jail warrant or a certificate (Police Form 31) of the officer-in-charge of the prision confirming the sentence. ,

(ii) state in red ink distinctly the name o f the offender and the previous conviction against the name in police charge-sheet form.

45

58. The Court shall, in the case of an offender charged jointly under section 23 for the previous conviction, cany out as follows:-

(a) when a charge is framed inaccordance with the Code of Criminal Procedure, a separate charge shall be made under section 23 for the previous conviction.

(b) when the accused admits the separate charge of the previous conviction, record shall be made o f such admission.

(c) when the accused refuses to admit the separate charge of previous conviction, the trial for the subsequent offence shall be proceeded without examining the witnesses of both sides as to whether or not there was a previous conviction. After the trial and before the judgement is pronounced, the witnesses of both sides shall be examined as to whether or not there was a previous conviction.

(d) when, after the charge is framed but before the judgement is pronounced by the Court, the evidence of previous conviction is further produced, a separate charge shall be framed under section 23. When a charge is so framed, the case shall be proceeded inaccordance with the provisions contained in sub-rules (b) and (c).

46

Execution of Bond for Good Behviour for Habitual Offenders and Notorious Persons

59. Any police officer not below the rank of Officer-in-Charge of the Police Station:-

(a) may arrest any habitual offender or any notorious person o f any offence with the perm ission o f Township Committee for Drug Abuse Control.

(b) shall not release such arrested person either on his own bond or on bail without order of a Magistrate having jurisdiction.

(c) shall not detain in custody persons arrested under sub­rule (a) exceeding 24 hours without an order of detention by a Magistrate having jurisdiction.

(d) shall forward such arrested persons together with a report to the relevant Court.

60. Hie Magistrate having jurisdiction may:-

(a) allow or reject by order the submission for detention of a person arrested under Rule 59 for the period exceeding '24 hours but not more than 15 days by a prosecution department.

(b) release on sufficient bail if there appears no sufficient ground for further detention, or if the person arrested is a woman or is sick or infirm or is a child under 16 years of age.

Chapter XII

47

61. The Magistrate having jurisdiction: -(a) shall try the case sent up for execution of bond as

provided in section 25 sub-section (a) by opening a Criminal Miscellaneous Case.

(b) shall require the person sent up, to show cause why he should not be ordered to execute a bond for good behav­iour, explaining the information received about him as a habitual offender or a notorious person.

(c) shall order such person to execute a bond inaccordance with sub-rule (f) if he shows no cause or admits the information.

(d) shall proceed as a summons case trial if he shows cause.

(e) may release on sufficient bail during the trial if there appears no sufficient ground from the information receivied during the trial, or if the person arrested is a woman or is sick or infirm or is a child under 16 years of age.

(f) shall order to execute a bond if it is found that a bond should be execute for good behaviour. The information received amount of security, number of sureties, period of execution not exceeding 3 years and conditions shall be stated in such order.

(g) shall, if any surety applies to cancel the bond he executed subsequent to the ordei; of execution and during the period of bond, summon the person who has been executed a bond for good behaviour and order him to execute a bond again with fresh sureties.

48

62. The Court shall, if a person ordered to execute a bond for good behaviour violates any condition of the bond or fails to execute a bond inaccordance with the order of execution, punish such person with imprisonment for a term wich may extend from a minimum of 1 year to a maximum of 3 years under section 25, sub-section (b) of the law.

Chapter XIH

Miscellaneous

63. The Myanmar weights equivalent to the Metric weights prescribed against each drug deemed to be possessed, transported transmitted or transferred for the purpose of sale are as follows:-

M yanmar Weight and Metric Weight

Myanmar Weight MetricWeight(gram) (kilogram)

(1) 1 ywae-lay 0.13608 - 0.00014

(2) 1 ywae-gyi 0.27216 - 0.00027

(3) 1 pe- tha 1.02058 - 0.00102

(4) 1 mu-tha - 2.04117 - 0.00204

(5) 1 mart-tha 4.08233 - 0.00408

(6) 5 mu-tha 8.16466 - 0.00816

(7) 1 kyatinweight(tical) - 16.32933 - 0.01633

(8) a-wet-tha(12.5ticals) - 204.11657 - 0.20412

(9) a-seit-tha (25 ticals) 408.23313 - 0.40823

(10) 50 kyats in weight 816.46627 - 0.81647

(ID 1 viss 1632.93253- 1.63293

(12) lOOviss 163293.2532 -

163.29325

49

Myanmar Weight and Myanmar Weight

Metric Weight

(1)(2)(3)(4)

(5)

1 gram 3 grams 25 grams 100 grams

kilogram

Myanmar Weight

0.06124 kyat in weight0.18372 kyat in weight1.531 kyats in weight6.12395 kyats in weight

or0.0612461.23952

or

VISS

kyat in weight

viss0.6124Note: When the drug seized for exhibit is weighed in Myanmar vyeight, its metric weight shall also be stated in addition to the Myanmar weight derived. When submission to the Court is made in metric weight, it shall be stated in kilo in the case of 1 kilo and above, and in gram in case of under 1 kilo. The metric weight may be stated to the nearest two decimal points.

64. TheCoutshall-(a) try a child who has not attained the age of 16 years at the

time of the commission of the offence, inaccordance with the provisions of the Child Law.

(b) pass an order for delivery of confiscated drugs to the Body for Disposal of Narcotic Drugs and Psychotropic Substance Seized, for the purpose of disposal as may be necessary.

50

65. The Central Committee may take appropriate measures for rewarding the following persons in respect of an offence against which action has been taken under the Law with the approval o f the Govemment:-

(a) an informant regarding the commission of any offence under the Law;

(b) secret hardcore informant;(c) persons who make brilliant investigation and search, to

enable the seizure of drugs and property involved in an offence and the arrest of the offender.

Minister

Ministry of Home Affairs The Government of the Union of Myanmar

51

REC3S1ER OF mUG USERS [Rule 5, Sub-rule (b)]

Fctm(l)

se-rislNo

Efete

f'kneandl'Monal Regsteialicn

GatificateOiznenScntiiy caidNoyForeigper Registration

CtetificateNd

Date of Birth

Designationand

Aktess

hfadonal-ityand

Rdigion

Name Occupation

and .Address of

parents

Iskreof Dug use# how used/

period used

Remark

l 2 3 4 5 6 7 8 9

4

DRUG USER REGISTRATION CARD

1. N am e....................................................2. Father's N am e...................................... .3. National Registation Certificate No. -

Citizen Scrution Certificate No...............Foreigner Registration Certificate No.

4. Date o f B ir th .............-.......................5. Nationality —...................................... .6. R e lig io n ..............................................7. O ccupation.............. ..........................8. A d d ress ............. .................. -.............

[Rule 5,Sub-rule 8]

Serial No,Date

Signature of Medical Officer-in-ChargeN a m d ................................................Designation-------- *..........................

-H osoitalTownship

53

APPLICATION FOR GIVING MEDICAL TREATMENT TODRUG USERS

To.

Director General,Directorate of Health,Yangon.

Date................Subject; Applying for giving medical treatment to drug users.

Being desirious of operating the business of giving medical treatment to drug users inaccordance with the Narcotic Drugs and Psychotropic Substances Law and Rule, Orders and directives thereunder, I hereby apply for a permit furnishing the following particulars:-

1. Entrepreneur

(a) Name ............................................................................

(b) Father's N am e .............................................................

(c) National Registration Certificate/Citizen Scrutiny Card/ Foreigner Registration Certificate N o.------------------

Form(3)

(d) Address

54

2. Medical Center(a) Name and address

(b) Registered No. and ------Date ----------

3. Name of Enterprise/Organization

(1) Sole owinership -(2) Partenership -----(3) Limited Company(4) joint-Venture-----(5) C o-operative.......

4. N am e and Sa-M a-No. of the M edical P ra titio n e rs W ho w ill u n d e r ta k e to give m edical tre a tm e n t to d ru g users:-

(a) (b) --

(c)

(d) .............(e)

Remark: The medical Practitioners undertaking to give medicsl treatment to Drug Users shall have obtained Permission from the Ministry of Health for this purpose.

55

5. Number of drug users which can be accepted for medical treatmend....................................................................... -.................

6. The following documents are attached to this application:-

(a) photostat-copy of the Medical Center registration Certificate:

(b) Photostat-copy of the permit issued by the Ministry of Health to the medical practitioner undertaking to give medical treatment to drug users.

Signature ......................................

Name.............................................

Designation--------- ----------------

Note. To delete the irrelevant r text

56

The Government of The Union of Myanmar Ministry of Health

Permit for Operating the Business of Giving Medical Treatment to Drug User

permit No.................... . day o f ................................199............

The Gjovemment of the Union of Myanmar The Ministry of Health issues this permint under section 9, sub-section (a) of the Narcotic Drugs and Psychotropic Substances Law and Rule 8, Sub-section (c) thereunder:-

1. Name of Entrepreneur..............................................................2. National Registration Certicicate No., Citizen Scrutinization

Certificate No., Foreigner Registration Certificate N o .............

3. Address of Entrepreneur........ .................................................

4. Name and Address of Medical Centre.....................................

5. Name and Address of Business/Organization...........................

6. Name and Address of Medical Practitioner permitted to give medical treatment..............................................................

(a ) ................................................................(b ) (c ) (d ) (e )....................................... ...................................................7. Permitted Number of drug users to undergo treatment

Minister Ministry of Home Affairs

The Government ofthe Union of Myanmar

Note. To delete the irrelevant text.

«

58

Form (5)Application for Permission for Production / Research of

Narcotic Drugs and Psychotropic Substances

To,

The Minister Ministry of Health Yangon.

D ate:................

Subject; Application for Permission for Production / Research of Narcotic Drugs and Psychotropic Substances

Being desirious of operating the work of production / research of narcotic drugs and psychotropic substances inaccordance with the Narcotic Drugs and Psychotropic Substances Law and Rules, Orders and directives thereunder. I hereby apply for a permit furnishing the following particulars:-

1. Name and Address of Enterprise / Department / Organization / Person............................................................................................

2. Capital of Enterprise.....................................................

3. Type. Quality of pharmaceutical raw material to be used

59

4. Quantity, Weight of Pharmaceutical raw material (estimate for one year)........................................................................................

5. Type, Quality of drug for production / research.......... ..................

6. Weight, Quantity of drug for production / research (estimate for one year).........................................................................................

7. Duration of production / research...................................................

8. Photostat-copy of the Registration Certificate and licence under the National Drugs Law are attached herewith and submitted.

Signature of applicant....................Nam e.............................................Registration N o ..............................Designation....................................

Note. To delete the irrelevant text.

60

The government of the Union of Myanmar Ministry of Health

Permit for Production / Research of Narcotic Drugs and Psychotropic Substances

Permit No........................ Date:................The Government o f Union of Myanmar, the Ministry of

Health issues theis permit to the following Enterprise / Department, Organization / person under section 28, sub-section (a) of the Nar­cotic Drugs and psychotropice substances law and 44, sub-rule(c) thereunder.

1. Name and Address of Enterprise / Department / Organi­zation / Person.........................................................................

Form(6)

2. Type, Quality of Pharmaceutical raw material to be used

3. Quantity, Weight of Pharmaceutical raw material to be used (estin iate for pne year)....... .............................................

4. Type, Quality of drug for production / research..........................

5. Auantity, Weight o f drug for production / research (estimate for one year)..............................................................

6. Duration of permit.............................. ......................................%

Minister Ministry of Health

The Government of the Union of Myanmar Note. To delete the irrelevant text.

61

Form(7)Intimation requesting Pharmaceutical raw material for production / research of the narcotic drugs and

Pshchotropic substancesTo,

The ChairmanAdministrative Committee for the Disposal of Narcotic Drugsand Psychotropic Substances SeizedOffice of the Central Committee for Drug Abuse Control

Date.................Subject: requesting Pharmaceutical raw material for

production research of the narcotic drugs and Pshchotropic substances

As I have already obtained the permit of the Ministry of Health for the production / research of narcotic drugs and prychotropce substances, furnishing the following particulars hereby apply for the issue of the required pharmceutical raw materials.

1. Required Pharmaceutical Raw MaterialType Quality Quantity/Weight

2. Required Pharmaceutical Raw MaterialType Quality * Quantity/Weight

M .

3. Purpose for which they are to be used

4. Photostat-copy of the permit for production / research issued by the Ministry ofHealth is attached herewith and submitted.

Signature of person making the request

Nam e...............Registration No Designation.....

Note. To delete the irrelevant text.

63

Form(8)The list of production, and research of Narcotic Dnigs

and Rhchotropic Substances _______________ (19 , )_______________

se­rialNo

Tvpeo f

D ug

QuantityAVfeis it o f Pharmaceutical Raw MaterialQuantity / Wfeigjt o f finished

product o f D ig

RemarkAmount Blance on

opening o f AccoungLted Pharmacatical

Raw MaterialBalance

D igobtained

fromproductionResearch

Drug Dstributed D ig Sold

Balance

-----<*

Form(9)

Application for Storage/Sale of Narcotic Drugs and Psychotropic Substances

To,The Minister Ministiy ofHealth Yangon

Date................Subject: Application for storage / sale of narcotic drugs and

psychotropic substance

Being Desirous o f carrying out storage / sale o f narcotic drugs and psychotropic substances inaccordance with the Narcotic Drugs and Psychotropic Substances Law and Rules, orders and directives thereunder, I, furnishing the following particulars, hereby apply for a permit-1. Name and Address of Enterprise / Department / Organization /

person...........................................................................................

2. Address o f place o f storage / sale

3. Drug desired to be stored / sold

65

Type Quantity, Weight Name of country/(estimate for one year) Enterprise where

produced

4. Arrangement for retail / wholesale storage / distribution and sale

5. Photostat-copy of the Registration Certificate and Licence under the national Drug Law are attached herwith and submitted.

Signature of applicant............Name.....................................Registration N o ......................Designation............................

Note. To delete the irrelevant text.

66

Form(lO)The Government of the Union of Myanmar

Ministry of Health

Permit for Storage / Sale of Narcotic Drugs . and Psychotropic Substances

Permit No..................... . Date:...............The Government o f Union of Myanmar, the Ministry of

Health issues this permit to the following Enterprise / Department, Organization / person under section 28, sub-section (b) of the Narcotic Drugs and Psychotropic Substance Law and Rule 51, sub-rule(c) thereunder.

1. Name and Address of Enterprise / Department / Organiza­tion / Person.............................................................................

2. Address of place of storage / sale.............................................

3. Drug desired to be stored / sold-Type quantity, Weight Name of country/

(estimate for one year) Enterprise whereproduced

4. Duration of permit........................................................................

i

Minister Ministry ofHealth

The Government of the Union of Myanmar Note. To delete the irrelevant text.

67

Form (11)

Application for Permission for Importing/Exporting of Narcotic Drug and Psychotropic Substances

To,

The Minister Ministry of Health Yangon.

Date......................

Subject: Application for Permission for Importing/Exporting of Narcotic Drugs and Psychotropic Substances.

For Importing / Exporting of narcotic drugs and psychotropic substances inaccordance with the Narcotic Drugs and Psychotropic Substances Law, Rules, Orders and Directives thereof, I hereby apply for a permit furnishing the following particulars

1 Name and Address of Enterpris / Department / Organizaton / Person

2. Drugs to be imported / exported -

Type Quantity, Weight Name of country /Enterprise where

, produced

68

3. Route, journey and transits lor iiu: import e\pori

4. Name and Address of Country / Enterprise / Department Organization/Person importing/Exporting

5. Purpose for which they are to be used

6. Photostat-copy of the permit for import / export under the National Drug Law is attached herewith and submitted.

Signature of applicant........................Name ..................................................Registration N o .................................Designation.........................................

Note: To delete the irrelevant text.

69

Form (12)

The Government of the Union of Myanmar Ministry of Health

Permit For Importing / Exporting of Narcotic Drugs and Psychotropic Substances

Permit N o ....................... Date....................

The Government of the Union of Myanmar, The Ministry of Health issues this permit to the following Enterprise / Department / Organization / Person under section 28, sub-section (b) of the Narcotic Drugs and Psychotropic Substances Law and Rule 54, sub-rule(c) thereunder-

1. Name and Address of Enterprise / Department / Organization / person ...........................................................................................

2. Drugs to be imported / exported -

Type Quantity, Weight Name of country/Enterprise where produced

................................ ................ V

3. Route, journey and transists for the import / export

70

4. Name and Address of Country / Enterprise / Department / Organization/ Person importing/exporting

5 Purpose for which they are to be used

6. Duration of permit..................................

Minister Ministery of Health

The Government of the Union of Myanmar

Note: To delete the irrelevant text.

71