Chapter IVA: Offences, Confiscation and the Rest

In one line

The enforcement half of Chapter IVA, taken briefly so that no part of the chapter is unaccounted for.

In exam wording: section 33-I of the Drugs and Cosmetics Act 1940 punishes the manufacture for sale or distribution of a misbranded or adulterated Ayurvedic, Siddha or Unani drug, or of such a drug without a valid licence or in violation of its conditions, with imprisonment up to one year and fine not less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more, and the manufacture of a spurious such drug with imprisonment of not less than one year extending to three years and fine not less than fifty thousand rupees or three times that value, and contravention of a notification under section 33EED with imprisonment up to three years and fine up to fifty thousand rupees or three times that value, any other contravention being punishable with imprisonment up to six months and fine not less than ten thousand rupees; section 33J enhances the punishment for subsequent offences; section 33K makes the stock liable to confiscation on conviction.

Continued: section 33KA requires disclosure of the person from whom the drug was acquired; section 33KB requires records to be kept by a licensee; section 33L applies the Chapter to Government departments except section 33K; section 33M requires prosecution to be instituted by an Inspector with the previous sanction of the specified authority and trial by not less than a Metropolitan Magistrate or a Judicial Magistrate of the first class; section 33N is the rule making power; section 33-O empowers the Central Government to amend the First Schedule; and section 33P empowers it to give directions to a State Government.

Section 33-I: the penalties

Manufacture for sale or distribution of a drug that is misbranded under section 33E, adulterated under section 33EE, or made without a valid licence or in violation of its conditions as required by section 33EEC. Imprisonment up to one year and fine not less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more.

Manufacture for sale or distribution of a spurious drug under section 33EEA. Imprisonment not less than one year, extending to three years, and fine not less than fifty thousand rupees or three times that value, whichever is more, with a proviso allowing the court, for adequate and special reasons to be mentioned in the judgment, to impose less.

Contravention of a notification under section 33EED, the public interest prohibition. Imprisonment up to three years and fine up to fifty thousand rupees or three times that value.

Any other contravention of the Chapter, or of section 24 as applied by section 33H, or of any rule made under the Chapter. Imprisonment up to six months and fine not less than ten thousand rupees.