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Narcotic Drugs and Psychotropic Substances Act, 1985 Amending Act 1

Title: Narcotic Drugs and Psychotropic Substances (Amdndment) Act, 2001

State: Central

Year: 1985

.....to prepared opium. Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable, -- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both; or (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; or (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 18. Punishment of contravention in relation to opium poppy and.....

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Drugs and Cosmetics Act, 1940 (23 of 1940) Complete Act

Title: Drugs and Cosmetics Act, 1940 (23 of 1940)

State: Central

Year: 1940

..... Section12 - Power of Central Government to make rules Section13 - Offences Section14 - Confiscation Section15 - Jurisdiction ChapterIV - MANUFACTURE, SALE AND DISTRIBUTION OF DRUGS AND COSMETICS Section16 - Standards of quality Section17 - Misbranded drugs Section17A - Adulterated drugs Section17B - Spurious drugs Section17C - Misbranded cosmetics Section17D - Spurious cosmetics Section17E - Adulteated cosmetics Section18 - Prohibition of manufacture and sale of certain drugs and cosmetics Section18A - Disclosure of the name of the manufacturer, etc. Section18B - Maintenance of records and furnishing of information Section19 - Pleas Section20 - Government Analysts Section21 - Inspectors Section22 - Powers of Inspectors Section23 - Procedure of Inspectors Section24 - Persons bound to disclose place where drugs or cosmetics are manufactured or kept Section25 - Reports of Government Analysts Section26 - Purchaser of drug or cosmetic enabled to obtain test or analysis Section26A - Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic in public interest Section26B - Power of Central Government to regulate or restrict, manufacture,.....

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Drugs and Cosmetics Act, 1940 (23 of 1940) Section 27

Title: Penalty for Manufacture, Sale, Etc., of Drugs in Contravention of This Chapter

State: Central

Year: 1940

1[27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter Whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes,-- (a) any drug deemed to be adulterated under section 17A or spurious under section 2[17B and which] when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of 1860), solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be 3[punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the drugs confiscated, whichever is more:] 4 [Provided that the fine imposed on and released from, the person convicted under this clause shall be paid, by way of compensation, to the person who had.....

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Drugs and Cosmetics Act, 1940 (23 of 1940) Chapter II

Title: The Drugs Technical Advisory Board, the Central Drugs Laboratory and the Drugs Consultative Committee

State: Central

Year: 1940

.....Drugs Laboratory under the control of a Director to be appointed by the Central Government, to carry out the functions entrusted to it by this Act or any rules made under this Chapter: Provided that, if the Central Government so prescribes, the functions of the Central Drugs Laboratory in respect of any drug or class of drugs1[or cosmetic or class of cosmetics] shall be carried out at the Central Research Institute, Kasauli, or at any other prescribed Laboratory and the functions of the Director of the Central Drugs Laboratory in respect of such drug or class of drugs1[or such cosmetic or class of cosmetics] shall be exercised by the Director of that Institute or of that other Laboratory, as the case may be. (2) The Central Government may, after consultation with the Board, make rules prescribing-- (a) the functions of the Central Drugs Laboratory; 2[***] (d) the procedure for the submission of the said Laboratory3[under Chapter IV or Chapter IVA] of samples of drugs1[or cosmetics] for analysis or test, the forms of the Laboratory's reports thereon and the fees payable in respect of such reports; (e) such other matters as may be necessary or expedient to enable.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Complete Act

Title: Narcotic Drugs and Psychotropic Substances Act, 1985

State: Central

Year: 1985

..... Section20 - Punishment for contravention in relation to cannabis plant and cannabis Section21 - Punishment for contravention in relation to manufactured drugs and preparations Section22 - Punishment for contravention in relation to psychotropic substances Section23 - Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances Section24 - Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12 Section25 - Punishment for allowing premises, etc., to be used for commission of an offence Section25A - Punishment for contravention of orders made under section 9A Section26 - Punishment for certain acts by licensee or his servants Section27 - Punishment for consumption of any narcotic drug or psychotropic substance Section27A - Punishment for financing illicit traffic and harbouring offenders Section28 - Punishment for attempts to commit offences Section29 - Punishment for abetment and criminal conspiracy Section30 - Preparation Section31 - Enhanced punishment for offences after previous conviction Section31A - Death penalty for certain offences after.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 52A

Title: Disposal of Seized Narcotic Drugs and Psychotropic Substances

State: Central

Year: 1985

.....Magistrate and certifying the correctness of any list of samples so drawn. (3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under subsection (2) and certified by the Magistrate, as primary evidence in respect of such offence]. ______________________ 1. Inserted by Act 2 of 1989, section 14 (w.e.f. 29-5-1989).

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Drugs and Cosmetics Act, 1940 (23 of 1940) Section 33I

Title: Penalty for Manufacture, Sale, Etc., of Ayurvedic, Siddha or Unani Drug Incontravention of This Chapter

State: Central

Year: 1940

.....sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter Whoever himself or by any other person on his behalf-- (1) manufactures for sale or for distribution-- 2[(a) Any Ayurvedic, Siddha or Unani drug-- (i) deemed to be misbranded under section 33E, (ii) deemed to be adulterated under section 33EE, or (iii) without a valid licence or in violation of any of the conditions thereof, as required under section 33 EEC, shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more;] (b) any Ayurvedic, Siddha or Unani drug deemed to be spurious under section 33EEA, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than five thousand rupees: Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year and of fine of less than 3[fifty thousand rupees]; or 4[(c) any Ayurvedic, Siddha or.....

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Bombay Drugs (Control) Act, 1959, (Maharashtra) Preamble

Title: the Bombay Drugs (Control) Act, 1959

State: Maharashtra

Year: 1959

THE BOMBAY DRUGS (CONTROL) ACT, 1959 [Act No. 9 of 1960]1 [9th February, 1960] PREAMBLE An Act to provide for the control, in the interests of the general public, of the sale, possession, transport and use of certain drugs. INTRODUCTION In the beginning of the current century, Drug Industry was virtually non-existent in India and Pharmaceuticals were imported from abroad. The First World War changed the situation and not only were furnished and cheap drugs were imported in increasing volume, but also the demand for indigenous products was voiced from all sides. The Indian Government appointed, in 1931, a Drugs Enquiry Committee under the Chairmanship of Lt Col. R. N. Chopra which was asked to make shifting enquiries into the whole matter of drug production, distribution and sale by inviting opinions and meeting concerned people and it was also asked to make recommendations about the ways and means of controlling the production of sale in the interest of public health. The main suggestions of the Committee are : (1) formation of drug control machinery at the Central level having branches in all provinces, (2) establishment of Central Drug Laboratory with small.....

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Drugs and Cosmetics Act, 1940 (23 of 1940) Section 9B

Title: Spurious Drugs

State: Central

Year: 1940

1[9B. Spurious drugs For the purposes of this Chapter, a drug shall be deemed to be spurious,-- (a) if it is imported under a name which belongs to another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or (d) if it has been substituted wholly or in part by another drug or substance; or (e) if it purports to be the product of a manufacturer of whom it is not truly a product.] _______________________ 1. Section 9B Inserted by Act 13 of 1964, Section 8 (w.e.f. 15-9-1964) and Substituted by Act 68 of 1982, Section 6 (w.e.f. 1-2-1983).

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Drugs and Cosmetics Act, 1940 (23 of 1940) Section 17B

Title: Spurious Drugs

State: Central

Year: 1940

1[17B. Spurious drugs For the purposes of this Chapter, a drug shall be deemed to be spurious,-- (a) if it is manufactured under a name which belongs to another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or (d) if it has been substituted wholly or in part by another drug or substance; or (e) if it purports to be the product of a manufacturer of whom it is not truly a product.] _______________________ 1. Section 17B Inserted by Act 13 of 1964, Section 12 (w.e.f. 15-9-1964) and Substituted by Act 68 of 1982, Section 13 (w.e.f. 1-2-1983)

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