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Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders - Special Penal Laws (compiled codal)

Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders of Special Penal Laws (compiled codal). Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. - Subject to Section 15 of this Act, any person apprehended or arre

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Special Penal Laws (compiled codal)

Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. - Subject to Section 15 of this Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening laboratory examination or test within twenty-four (24) hours, if the apprehending or arresting officer has reasonable ground to believe that the person apprehended or arrested, on account of physical signs or symptoms or other visible or outward manifestation, is under the influence of dangerous drugs. If found to be positive, the results of the screening laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas chromatograph/mass spectrometry equipment or some such modern and accepted method, if confirmed the same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions of this Act: Provided, That a positive screening laboratory test must be confirmed for it to be valid in a court of law.

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