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Section 62 The licensee under section 17, section 20 and section 26 shall make receipted and expenditure accounts of narcotics, and submit monthly and yearly reports to the Secretary General. The said accounts shall be kept ready for showing to the competent official at any time during the office hours for a period of five years from the date of entering the final item on the accounts.

The receipted and expenditure accounts of narcotics under paragraph one shall be in accordance with the form prescribed in the Ministerial Regulation.

Section 63 when a medical establishment for the treatment of the narcotic addicts has been established under section 8 (7), the Minister shall designate rules and regulations for the control of such treatment, and disciplinary rules for the said medical establishment.

CHAPTER 11
Carriage of Narcotics in Transit

Section 64 In carrying narcotics of category I category II, category IV, and category V in transit, the carrier must obtain a license issued by the competent authority of the exporting country accompanying the narcotics, and must produce the said license to the customs official and consent to the keeping of or having the narcotics in custody by the customs official.

The customs official shall keep or control the narcotics of category I, category II, category IV and category V in safe custody at a proper place until such time when the carrier of narcotics in transit shall carry the said narcotics out of the Kingdom.

In the case where the carrier of the narcotics of category I, category II, category IV and category V in transit does not carry the said narcotics out of the Kingdom within the period of thirty days from the date the narcotics are imported, the customs official shall report to the Secretary-General for information. The Secretary-General has the power to order the carrier of narcotics in transit to carry the said narcotics out of the Kingdom within the period of sixty days from the date of the order. In the case where the person so ordered fails to comply therewith, the said narcotics shall become the property of the Ministry of Public Health.

(36)CHAPTER 11/1
APPEAL

(37)Section 64/1 In case when the person who takes the order from the licensing authority according to Section 48/2 disagrees with such order, he shall have the right to appeal to the Committee.

(38)Section 64/2 The appeal under Section 64/1 shall be submitted to the Committee within fourteen days from the date of obtaining the order of the licensing authority.

Rules and method of appeal and trail procedure shall be prescribed in the Ministerial Regulations.
The appeal of order according to the first paragraph shall not be a stay of execution of the order from the licensing authority, except when the Committee shall order otherwise for a temporary period before consideration of appeal.
The decision of the Committee shall be final.

CHAPTER 12
Penalties

(39)Section 65 Any person who produces, imports or exports the narcotics of category I in violation of Section 15, shall be liable to imprisonment for life and to a fine of one million to five million baht.

If the commission of the offence under paragraph one is committed for the purpose of disposal, the offender shall be liable to death penalty.

If the commission of the offence under paragraph one is a production by retailing or whole-selling and in quantity computed to the pure substances, or in number of used dosage, or in net weight, that does not reach the quantity prescribed in Section 15 paragraph three, the offender shall be liable to imprisonment for a term of four years to fifteen years, or to a fine of eighty thousand to three hundred thousand baht or to both.

If the commission of the offence under paragraph three is committed for the pupose of disposal, the offender shall be imprisonment for a term of four years to life and to a fine of four hundred thousand to five million baht.

(40)Section 66 Any person who disposes of or possesses for disposal narcotics of category I without permission and in quantity computed to be pure substances, or in number of used dosage, or in net weight, that does not reach the quantity prescribed in Section 15 paragraph three, shall be liable to imprisonment for a term of four to fifteen years, or to a fine of eighty thousand to three hundred thousand baht, or to both.

If the narcotics under paragraph one is in quantity computed to be pure substances of the quantity prescribed in Section 15 paragraph three, but not over twenty grams, the offender shall be liable to imprisonment for a term of four years to life and to a fine of four hundred thousand to five million Baht.

If the narcotics under paragraph one is in quantity computed to be pure substances of the quantity over twenty grams, the offender shall be liable to imprisonment for life and to a fine of one million to five million baht, or death penalty.

(41)Section 67 Any person who possesses narcotics of category I without permission and in quantity computed to be pure substances, or in number of used dosage, or in net weight, that does not reach the quantity prescribed in Section 15 paragraph three, shall be liable to imprisonment for a term of one year to ten years, or to a fine of twenty thousand to two hundred thousand baht, or to both.

(42)Section 68 Any person who, in violation of Section 16, produces, imports, or exports the narcotics of category II, shall be liable to imprisonment for a term of one year to ten years and to a fine of one hundred thousand to one million baht.

If the narcotics which constitute the corpus deficit are morphine, opium, or cocaine, the offender shall be liable to imprisonment for a term of twenty years to life and to a fine of two million to five million baht.

(43)Section 69 Any person who, in violation of Section 17, possesses narcotics of category II, shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand baht or to both.

Any person who, in violation of Section 17, disposes of or possesses for disposal narcotics of category II, shall be liable to imprisonment or a term of one year to ten years or to a fine of twenty thousand to two hundred thousand baht or to both.

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(36)-(38) Added by section 18 of the Narcotics Act (No.5) B.E.2545 (2002)

(39)-(40) Repealed and Replaced by section 19 of the Narcotics Act (No.5) B.E.2545 (2002)

(42) -(43) Repealed and Replaced by section 20 of the Narcotics Act (No.5) B.E.2545 (2002)

 
 

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