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Sec
[27..
(a)
(b)
(c)
(d)
Sec
[ 28 .
Sec [28-A.
Sec [30.
(a)
(b)
(c)
[(1-A)
(2)
Sec [32
(1)
(2)
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Penalty
for manufacturer, 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,-
any drug deemed to be adulterated under Section 17A
or spurious under Section 17B or 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 punishable with imprisonment
for a term which shall not be less then five years
but which may extend to a term of life and with fine
which shall not be less then ten thousand rupees;
any drug- (i) deemed to be adulterated under Section
17-A, but not being a drug referred to in clause (a),
or (ii) without a valid licence as required under
cause (c) of Section 18, shall be punishable with
imprisonment for a term which shall not be less then
one year but which may extend to three years and with
fine which shall not be less then five thousand rupees;
Provided that the Court may, for any adequate and
special reasons to be recorded in the judgment, impose
a sentence of imprisonment for a term of less then
one year and of fine of less then five thousand rupees;
any drug deemed to be spurious under Section 17-B,
but not being a drug referred to in clause (a) shall
be punishable with imprisonment for term which shall
not be less then three years but which may extend
to five years and with fine which shall not be less
then five thousand rupees:
Provided that the Court may, for any adequate and
special reasons, to be recorded in the judgment, impose
a sentence of imprisonment for a term of less then
three years but not less then one year;
any drug, other then a drug referred to in clause
( a ) or clause (b) or clause ( c ), in contravention
of any other provision of this Chapter or any rule
made there under, shall be punishable with imprisonment
for a term which shall not be less then one year but
which may extend to two ears and with fine ;
Provided that the Court may for any adequate and special
reasons to be recorded in the judgment impose a sentence
of imprisonment for a term of less then one year".
Penalty for non-disclosure of the name of the manufacturer,
etc.-
Whoever contravenes the provisions of Section 18-A
or Section 24 shall be punishable with imprisonment
for a term which may extend to one year, or with fine
which may extend to One Thousand rupees, or with both.
Penalty for not keeping documents , etc., and for
non-disclosure of information- Whoever with out
reasonable cause or excuse, contravenes the provisions
of Section 18-B shall be punishable with imprisonment
for a term which may extend to one year or with fine
which may extend to One Thousand Rupees or with both.
Penalty for subsequent offences - (1) Whoever having
been convicted of an offence -
under clause (b) of Section 27 is again convicted
of an offence under that clause, shall be punishable
with imprisonment for a term which shall not be less
than two years but which may extend to six years and
with fine which shall not be less than ten 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 two years and of fine of less than ten thousand
rupees;
under clause (c) of Section 27, is again convicted
of an offence under that clause shall be punishable
with imprisonment for a term which shall not be less
than six years but which may extend to ten years and
with fine which shall not be less than ten thousand
rupees;
under clause (d) of Section 27, is again convicted
of an offence under that clause shall be punishable
with imprisonment for a term which shall not be less
than two years but which may extend to four years
or with fine which shall not be less than five thousand
rupees, or with both]
Whoever, having been convicted of an offence under
Section 27-A is again convicted under that section,
shall be punishable with imprisonment for a term which
may extend to two years or with fine which may extend
to two thousand rupees or with both]
Whoever, having been convicted of an offence under
Section 29 is again convicted of an offence under
the same section shall be punishable with imprisonment
which may extend to ten years or with fine or with
both.]
Cognizance of offences.-
No prosecution under this chapter shall be instituted
except by an Inspector or by the person aggrieved
or by a recognized consumer association whether such
person is a member of the association or not.
No Court inferior to that of [Metropolitan Magistrate
or of a Judicial Magistrate of the first class]
shall try an offence punishable under this Chapter.
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Sec
[27..
(a)
(aa)
(b)
(c)
(d)
Sec
[ 28 .
Sec [28-A.
Sec [30.
(a)
(b)
(c)
[(1-A)
(2)
Sec [32
(1)
(2)
(3)
32-B
32-C
(2)
(3)
39.
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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,-
any drug deemed to be adulterated under Section 17-A
or spurious under Section 17-B 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, as the case may
be, shall be punishable with death penalty or imprisonment
for a term of life or imprisonment for a term which
shall not be less than ten years and with fine of
rupees one lakh or up to three times the value of
the goods seized, whichever is higher.
Where fine is realized, it shall be paid to the victim
or next of his kin.
any drug-
(i) deemed to be adulterated under Section17-A,
but not being a drug referred to in clause (a), or
(ii) without a valid licence as required under
cause (c) of Section 18,shall be punishable with imprisonment
for a term which shall not be less then three years
but which may extend to five years and with fine which
shall not be less then fifty thousand rupees;
Provided that the Court may, for any adequate and
special reasons to be recorded in the judgment, impose
a sentence of imprisonment for a term of less then
three years and with fine which shall not be less
than fifty thousand rupees;
Any drug deemed to be spurious under Section 17-B,
but not being a drug referred to in clause (a) shall
be punishable with imprisonment for a term which shall
not be less then seven years but which may extend
to term of life and with fine of fifty thousand rupees
or upto three times the value of the goods seized,
whichever is higher.
Provided that the Court may, for any adequate and
special reasons, to be recorded in the judgment, impose
a sentence of imprisonment for a term of less then
seven years but not less than three years; and with
a fine which shall not be less than fifty thousand
rupees.
any drug, other then a drug referred to in clause
( a ) or clause (b) or clause ( c ) in contravention
of any other provision of this Chapter or any rule
made there under, shall be punishable with imprisonment
for term which shall not be less then One year but
which may extend to Two years and with fine of ten
thousand rupees.
Provided that the Court may for any adequate and special
reasons to be recorded in the judgment impose a sentence
of imprisonment for a term of less then One year.
Penalty for non-disclosure of the name of the manufacturer,
etc.- Whoever contravenes the provisions of Section
18-A or Section 24 shall be punishable with imprisonment
for a term which may extend to one year or with fine
which is not less than ten thousand rupees or with
both.
Penalty for not keeping documents , etc., and
for non-disclosure of information- Whoever with out
reasonable cause or excuse, contravenes the provisions
of Section 18-B shall be punishable with imprisonment
for a term which may extend to one year or with fine
which may extend to ten thousand rupees or with both.
Penalty for subsequent offences -
Whoever having been convicted of an offence -
under clause (b) of Section 27 is again convicted
of an offence under that clause, shall be punishable
with imprisonment for a term which shall not be less
than seven years but which may extend to ten
years and with a fine which shall not be less
than one lakh 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 not less than five years
and of fine of not less than one lakh rupees;
under clause (c) of Section 27, is again convicted
of an offence under that clause shall be punishable
with imprisonment for a term which shall not be less
than ten years but which may extend to life
term and with fine which shall not be less than one
lakh rupees;
Deleted
Whoever, having been convicted of an offence under
Section 27-A is again convicted under that section,
shall be punishable with imprisonment for a term which
may extend to two years or with fine which may extend
to two thousand rupees or with both]
Deleted
Cognizance of offences
(a) No prosecution under this chapter shall be instituted
except by an Inspector or by the person aggrieved
or by a recognized consumer association whether such
person is a member of that association or not.
Provided that prosecution in respect of offences
committed under Section 17-B, which are cognizable
and non-bailable, may also be instituted by any police
officer not below the rank of sub inspector or a CBI
officer not below the rank of sub inspector.
No Court inferior to that of a Court of Session Judge
shall try an offence punishable under Section 17-B
of this Chapter. Special Court shall be constituted
by the Central Government or State Government for
trial of other offences under this act.
Nothing contained in this chapter shall be deemed
to prevent any person from being prosecuted under
any law for any act or omission which constitutes
an offence against this chapter.
Special provisions :- No bail will be granted to
an accused charged with an offence punishable under
section 27 (a) or charged under section 17-B within
the first three months of his detention unless the
court is of the opinion that prima facie offence has
not been made out.
Power to compound offences :-
The Central Government or the State Government or
any person authorised on this behalf by general or
special order of the Central Government or the State
Govt., may either before or after the institution
of any proceeding under this Act, compound any offence
punishable under this section where punishment is
2 years or less under this Act by payment of an amount
not less than Ten thousand rupees.
Where an offence has been compounded, the offender
whether in custody or not shall be discharged and
no further proceeding shall be taken against him in
respect of the offence so compounded.
Amendment of Act 45 of 1860 - The Indian Penal Code
shall be amended in the manner specified in the third
Schedule to this Act. |
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THE THIRD SCHEDULE
( See Section 91)
AMENDMENT TO THE INDIAN PENAL CODE
(45 OF 1860) 1)
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| The provision of Section 274,
275 and 276 of Indian Penal Code are hereby deleted. |
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