79Persons deemed to have sold certain substances

79 Persons deemed to have sold certain substances

(1)  Where a scheduled substance is sold in an unopened container or package to a police officer or to an inspector and in respect of the sale thereof there is a contravention of or failure to comply with any provision of this Act, each of the persons referred to in paragraphs (a) and (b) is, in addition to the person who actually sold the container or package to the police officer or inspector, liable in respect of that contravention or failure, namely:

(a) if the container or package has a label on or attached to it, any person who appears from that label to have manufactured or prepared the substance, or to have imported it into the State, or to have enclosed it or caused it to be enclosed in that container or package, or to have been the wholesale supplier thereof;

(b) if the container or package has a label on or attached to it but the label does not disclose any of the particulars referred to in paragraph (a) or if the container or package has no label on or attached to it, any person who has previously sold the unopened container or package.

(2)  A person to whom the provisions of subsection (1) apply is deemed to have sold the unopened container or package to the police officer or inspector as on the day when, and at the place where, the police officer or inspector purchased it, and that person is liable to the same penalty as if he had actually sold the container or package to the police officer or inspector on that day and at that place.

(3)  It is a defence to a charge under this section if the person charged shows –

(a) that the contravention or non-compliance is due to the act or default of some subsequent seller; or

(b) where the container or package has a label on or attached to it, that he did not in fact affix or attach the label or cause it to be affixed or attached or enclose the substance in or cause it to be enclosed in the container or package.

(4)  Nothing in this section affects the liability of a person selling an unopened package to a police officer or to an inspector with respect to any contravention or non-compliance due to his default or to other causes within his control; and the conviction of a person under the provisions of this section does not relieve the person selling the unopened container or package or any other person from liability with respect to any such contravention or non-compliance.