In the performance of duties of the competent official under paragraph one, the person concerned shall afford him every reasonable facility.
The Minister shall file a report of the result of the action according to this Section to the cabinet for reporting the annual performance which shall include the facts, problems and obstacles, the amount of performance and the success of the operation in details, for the cabinet to forward the report with its comment to the House of People's Representative and the House of Senate.
Section 50 In the performance of duties, the competent official must provide his identity card and the document of authorization under section 49 paragraph two to the person concerned.
The identity card of the competent official shall be in the form prescribed in the Ministerial Regulation.
Section 51 In the performance of duties, the competent official shall be official under the Penal Code.
CHAPTER 9
Suspension and Revocation of Licenses
Section 52 When any licensee violates or does not comply with this Act or Ministerial Regulation or Notification issued under this Act, the licensing authority, with the approval of the Committee, shall have the power to suspend the license for a period of not more than one hundred and eighty days each time; but in the case where the licensee is prosecuted in the court for an offence under this Act, the licensing authority may suspend the license pending the final judgment of the court.
The person whose license has been suspended may not apply for any license under this Act during the period of such suspension.
Section 53 If it appears that any licensee lacks any qualification under section 19 or commits an offence under section 39, the licensing authority, with the approval of the Committee, shall have the power to revoke his license.
The person whose license has been revoked may not apply for any license under this Act until the period of two years from the date of the revocation has elapsed.
Section 54 The licensee shall be notified of the order of suspension and the order of revocation in writing. In the case where the person whose license has been suspended or revoked is not found or refuses to receive the said order, it shall be conspicuously posted at the place specified in the license, and the licensee shall be deemed to have the knowledge thereof from the date of receiving or posting the order.
Section 55 The competent official shall seize the narcotics of the person whose license has been suspended or revoked, and his license which has been suspended or revoked for safe keeping at the office of the Food and Drug Board, Ministry of Public Health, or in case of necessity, at any other place which the Ministry of Public Health may prescribe.
In the case where a license is revoked, the narcotics seized under paragraph one shall become the property of the Ministry of Public Health.
Section 56 After the lapse of the suspension period, the competent official shall return the narcotics and license seized under section 55 to the licensee.
CHAPTER 10
Special Measures of Control
Section 57 No person shall consume narcotics of category I or category V.
Section 58 No person shall consume narcotics of category II unless it is for the purpose of curing diseases upon the prescription of a medical practitioner or first-class modern medical practitioner in the branch of dentistry who has obtained a license under section 17.
(34)Section 58/1 In case of necessity and there are reasonable grounds to believe that any person or any group of persons consumes narcotics of category I, category II, or category V which is the offence in accordance with this Act in dwelling place, any place, or vehicle, the administrative official, or police official or competent official under this Act shall have the powers to examine or test or order to receive examination or test that if whether such person or group of persons have narcotics within their body.
The administrative official, or police official or competent official under this Act of what rank and of what level, who shall have the powers and duties as prescribed in paragraph one, wholly or in part, or must be authorized by any person before taking action, shall be as designated by the Minister, with approval of the Committee, who shall issue a document of authorization to the administrative official, or police official or competent official of this Act.
The method of examination or test under paragraph one shall be in accordance with the rules, procedure and conditions notified by the Committee as published in the Government Gazette. Whereas in the notification, shall at least state the procedure of showing good faith of administrative official, or police official, or competent official when carry out their duties, and the procedure related to non-disclosure of the examination and test resulting to any person who does not have relevant duty, when it appears at the first place that it is suspect that there is narcotics within the body, until there is examination for the final result
Section 59 The Minister shall prescribe the quantity of narcotics of category II to be used annually for medical and scientific purposes throughout the Kingdom by notifying in the Government Gazette not later than January each year, and prescribe the additional quantity in case of necessity by notifying in the Government Gazette in the same manner.
(35)Section 60 In case when the licensee would like to dispose of or possess narcotics of category II exceeding the quantity prescribed in Section 8(5), he may apply especially for the license.
The application and the issuance of license shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulations.
The provisions of Section 8(5) shall be applied mutatis-mutandis.
Section 61 In the case where the licensee to dispose of or possess narcotics of category II died before the license expires, the heir or the possessor or the administrator shall notify the licensing authority within ninety days from the date the licensee died, and the competent official shall have the power to seize the narcotics of the licensee left for safe keeping at the Office of the Food and Drug Board, Ministry of Public Health, the Ministry of Public Health shall pay compensation for the seized narcotics as it thinks fit.
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(34) Added by section 16 of the Narcotics Act (No.5) B.E.2545 (2002)
(35) Added by section 17 of the Narcotics Act (No.5) B.E.2545 (2002) |
