Vol 132 Special Part 173 NgGovernment Gazette 24 July 2015
The Order of the Head of the National Council for Peace and Order (NCPO) no. 23/2015
Enhancement of the Enforcement of the Narcotic Prevention and Suppression Act B.E. 2519
As narcotic use continues prevalently in various areas and has become a gravely detrimental harm to the nation’s economic and social development as well as public order and moral high ground of the people. In order to prevent, terminate and suppress the exacerbation of public order and national security, it is deemed fit that regulations be put in place to enhance the enforcement of the Narcotic Prevention and Suppression Act B.E. 2519.
Invoking Section 44 of the 2014 Interim Constitution of the Kingdom of Thailand, the Head of NCPO by approval from the National Council for Peace and Order (NCPO), is issuing the following instructions;
1. If it is necessary for the effective enforcement of the Narcotic Prevention and Suppression Act B.E. 2519, the Minister of Justice or a person designated therein may seek cooperation from military officer, by submitting a request to the Minister of Defense or a person designated therein to recruit a military personnel at the ranks of Second Lieutenant, or Sub-Lieutenant, or Pilot Officer, or upwards, to perform duties as requested.
2. In perform duties as per (1), the military officer designated shall have the following mandates;
(1) Enter into any house or venue in order to search when there is reasonable ground of suspicion that a person involved with drug-related offence is hiding in there or if the place is used for storing assets obtained unlawfully or from the commission of the offence, or have been used to aid and abet the commission of the offence, or could have been used as evidence, coupled with an assumption that delay in obtaining search warrant shall pave the way for the person to run or to have the assets removed, or concealed or dismantled or transformed into a different condition. But if the search happens at nighttime after sunset, the lead officer of the team must be a military officer at the rank of Captain, or Lieutenant, or Flight Lieutenant, or upwards.
(2) Search a person or a vehicle with sufficient ground that narcotic substances are concealed in there unlawfully.
(3) Arrest a person involved with the commission of narcotic related offence and hold in custody the person for initial investigation for up to three days. When the time is up, or prior to the time as the case may be, the person deprived of liberty shall be transferred to the custody of inquiry officer as per the Criminal Procedure Code for further procedure. The holding of custody of such person shall not be treated as the detention committed by an inquiry officer as provided for by the Criminal Procedure Code.
(4) Seize or forfeit narcotics substances held unlawfully or any other assets being used or to be used to aid and abet the commission of narcotics related offence or to be used as evidence
(5) Search as provided for by the provisions of the Criminal Procedure Code
3. When it is deemed necessary and when there is sufficient ground to believe that a person or a group of persons are abusing drug, a military officer designated shall have the power to order such a person or a group of persons to undergo drug test or examination to verify if there is any drug substance in their bodies.
4. By performing duties as a military officer according to (2) and (3), the military officer shall have the power to ask for personnel to assist in his operation and the personnel shall have the power to assist the operation of the military officer.
5. By performing duties according to this order, the military officer designated shall have the mandates as competent officer as per the Penal Code and an administrative officer or a high ranking police officer as per the Criminal Procedure Code.
6. A competent officer as per the Criminal Procedure Code and a competent officer as per the Narcotic Prevention and Suppression Act B.E. 2519 shall continue to adhere strictly to his duties and shall cooperate with the military officer designated to perform duties as per this order. If the competent officer acts in defiance or refuses to cooperate causing an irrecoverable damage, the officer shall be treated as having committed a gross breach of disciplinary procedure.
7. The Order shall come into force from the date of its publication in the Government Gazette.
Issued on 24 July 2015
Gen. Prayuth Chan-ocha
Head of the National Council for Peace and Order