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(4) to seize or attach narcotics which there are unlawful possessed or any property which used or intended to use in the commission of the offence relating to narcotics or may be used as the evidence;
(5) to search under the provisions of the Criminal Procedure Code;
(6) to make an inquiry of the alleged offender in the offence relating to narcotics;
(7) to issue a letter of inquiry to or summon any person or the official of any Government agency to give statement or to submit any account, document or material for examination or supplement the consideration.
The powers execution under paragraph one (1), the competent official who searched shall performance according to the rules prescribed by the Board, and produce an innocent before enter to search, report on the reason and the result of searching in letter to the superior who is topper, and record the reasonable ground to suspect and reasonable ground to believe that established the capable to enter for search in the letter, given its to the possessor of dwelling place or place where searched. But if have no possessor at such place, the competent official who searched shall consign with a copy of such letter immediately as could be done. And if should be the searching in the night time after sunset, the competent official who is the chief of the searching shall be a civil servant that hold the position up-to from level of seven, or police officer that hold the position up-to from the inspector or likewise, or defense official that hold the position up-to from the commander of a company or likewise.

A competent official of any position and any level who is to have all or part of such powers and duties as referred to in paragraph one, or shall have the approval of any person before performance, shall be prescribed by the Secretary- General with the approval of the Board by means of executing an instrument of authorization and delivering it to each official who has been so authorized.

The competent official who has been so authorized under paragraph one shall produce the instrument of authorization to the person concerned each time.

In the execution under this section, the member, the Secretary- General, Deputy Secretary- General and competent official shall be an official under the Penal Code.

The Secretary-General shall prepare the report of the result of the performance under section 14 to submit the Cabinet-Council for to report the result of annual performance, whereby its shall report of fact, obstruction problem, amount of the performance and the detail of the result of performance achievement, for the Cabinet-Council to submit such report together with the Cabinet-Council opinions to the Assembly of Representative and the Assembly of Senate. (19)Section 14 bis In case of having necessity or with a reasonable ground to believe that any person or any group of persons consumed narcotics in any dwelling place or any other place or in the vehicle, the member, the Secretary-General, the Deputy Secretary General or the competent official under this Act shall have the power to examine or order the suspected person to be examined or to be tested whether such person or a group of persons have some narcotics substances within their bodies or not.

The procedure of examination or testing as mentioned in the paragraph one shall be in accordance with the rules, procedures and conditions notified by the Board and published in the Government Gazette. (20)Section 14 tri In the performance of duties of the competent official under section 14 or section 14 bis, if the competent official requested any person to assist that performance of duties, such person shall have the powers to assist that performance of the competent official. (21)Section 14 fourth In the case where there is a reasonable ground to believe that any document or information which transmit by any post, telegraph, telephone, fax telephone, computer, tool or instrument in the communication, electronic communication or communication by information technology was used or may be used for the purpose of the commission offence relating to narcotics. The competent official who have approved in letter of the Secretary- General shall submit unilateral application to Chief Justice of the Criminal Court for having an issue to permit the competent official of obtained such information.

The permission under paragraph one, Chief Justice of the Criminal Court shall consider to the affect of individual rights or any right together with the following reason and necessary:

(1)there is a reasonable ground to believe that there is committed for or will be committed offence relating to narcotics;
(2)there is a reasonable ground to believe that its will receive the information relating to the commission of offence relating to narcotics from the accessing of such information;
(3)may not used other procedure that have more suitability and effective.
The permission under paragraph one, the Chief Justice of the Criminal Court shall order to permit not more than ninety days in each time, by whether required conditions or not. And the person who concerned with that information in the communication instrumental under such order shall give the cooperation to the execution accordance with this section. In after having the permission order, if its appear the fact that the reason and necessary is not in accordance with the prescribed, or the circumstance was changed, the Chief of Justice of the Criminal Court may change such permission order in appropriate.

When the competent official have executed according to the permission, its shall report that the execution to the Chief Justice of the Criminal Court to acknowledge.

All of information which obtained under paragraph one shall keep and usage only for the investigation and to be used as evidence in the case prosecution, all this is due to the rules prescribed by the Board.

Section 15 For the purpose of the execution of section 14, the member, the Secretary- General, the Deputy Secretary- General and the competent official who have been authorized under section 14 (3) shall be deemed to have the same powers and duties as the inquiry official under the Criminal Procedure Code for the entire Kingdom, and shall have the power to keep the person arrested in custody under section 14 (3) for inquiry for a period of not more than three days. Upon the lapse of such period or before it has elapsed as they may think fit, they shall send the arrested person to the inquiry official under the Criminal Procedure Code for further proceedings; provided that, the keeping of the said arrested person in custody shall not be considered as that of the inquiry official under the Criminal Procedure Code.

(22)Section 15 bis The proprietor or the overseer of the business place who violated this Act or did not perform his or her responsibility in accordance with Section 13 bis shall be liable to a fine of ten thousand bath to fifty thousand bath. (23)Section 16 Any person who obstructs, or fails to render facilities, or refuses to give statements or to submit any account, document or material to the member, the Secretary- General, the Deputy Secretary- General or the competent official who performs an Act in pursuance of section 14 shall be liable to imprisonment for a term not exceeding six months or to a fine of not exceeding ten thousand Baht.(24)

If such action under paragraph one is committed against person who assists the competent official under section 14 tri, the offender shall be liable to punishment as provided in paragraph one.

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* As amended by the Narcotics Act (No.2) B.E.2528 (1985), (No.3) B.E.2530 (1987), (No.4) B.E.2543 (2000)

(1) As amended by the Narcotics Act (No.4) B.E.2543, published in the Government Gazette Vol. 117, Part 111A, dated 29th November B.E.2543, (No.5) B.E.2545, published in the Government Gazette, Vol. 119 Part 96A, dated 30 September B.E.2545

(2) Published in the Government Gazette Vol.96, Part 63, dated 27th April B.E.2522 (1979)

(3) Repealed by section 3 of the narcotics Act (No.2) B.E.2528 (1985), published in the Government Gazette Vol.102, Part 154, dated 24 October B.E.2528 (1985)

(4) Repealed and Replaced by section 4 of the Narcotics Act (No.2) B.E.2528 (1985)

(5) see the Notification of the Ministry of Public Health No.135 (B.E.2539) specifying names and categories of narcotics according to Narcotics Act B.E.2522 (1979) amended by Narcotics Act No.150 (B.E.2541), No.154 (B.E.2542), No.158 (B.E.2542) and No.170 (B.E.2544)

(6) Repealed and Replaced by section 3 of the Narcotics Act (No.3) B.E.2530 (1987), published in the Government Gazette Vol.104, Part 269, dated 28th December B.E.2530 (1987)

(7) Added by section 4 of the Narcotics Act (No.3) B.E.2530 (1987)

(8) Added by section 3 of the Narcotics Act (No.5) B.E.2530 (2002)

(9) Added by section 4 of the Narcotics Act (No.3) B.E.2530 (1987)

(10)- (11) Repealed and Replaced by section 4 of the Narcotics Act (No.5) B.E.2545 (2002)

(12)-(13) Added by section 5 of the Narcotics Act (No.5) B.E.2545 (2002)

 

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