17.
| (1) Anything in the Code of Criminal Procedure Act No. 15 of 1979 or any other written law to the contrary notwithstanding, the Attorney General shall indict a person for an offence under this Act committed by reason of a contravention of any of the provisions of sections 3,4,5,6 or 7 of this Act before the relevant High Court, without a preliminary inquiry by a Magistrate's Court as provided in Chapter XV of that Act. |
|
| (2) The following provisions shall apply in any case where the Attorney General indicts a person before the High Court under subsection (1):
| | (a) An indictment prepared in the manner prescribed by section 162 of the Code of Criminal Procedure Act, No. 15 of 1979 shall be transmitted by the Attorney General to the High Court. The Attorney General shall at the same time transmit to the Fiscal of the Court in which the trial is to take place a copy or copies of the indictment for service on the accused person or each of the accused persons who will he tried upon the indictment. The Fiscal shall forthwith and at least fourteen days before the day specified for trial serve or cause to be served on the accused person or each of the accused persons, the copy or a copy of the indictment received by him from the Attorney General and shall make a return of such service to the High Court and to the Attorney General or any officer appointed by the Attorney General to represent him. | | |
| | (b)The High Court shall forthwith upon the receipt of the indictment cause to be served on the accused person a notice specifying the date fixed for his trial. | | |
| | (c)
| | | (i) Subject to the provisions of sub-paragraph (ii) of this paragraph service on an accused person of any indictment or notice of trial shall be effected in the manner prescribed for the service of summons in sections 45 and 46 of the Code of Criminal Procedure Act, No. 15 of 1979 and the provisions of section 49 of that Act shall apply accordingly for the purpose of proving such service ; |
| (ii) if service cannot be effected in the manner specified in subparagraph (i) of this paragraph, by the exercise of due diligence, the indictment or notice shall be affixed to some conspicuous part of the house in which the accused person ordinarily resides, and in such ease the indictment or notice shall be deemed to have been duly served. |
|
| | (d)The Attorney General shall, before the date of trial, cause to be furnished to the accused person
| | | (i) a concise statement of the particulars of the charge and a list of witnesses who are likely to be called to give evidence and a list of documents that may be used by the prosecutor ; and |
| (ii) a summary or such of the facts as are proposed to be relied on by the prosecutor |
|
| | (e) At the trial or that person, the High Court or the prosecutor may. notwithstanding anything to the contrary in any other written law, call any such witness, or use or produce any such document, as is not specified in the indictment | | |
|
|
|
Sri Lanka Consolidated Acts