Section 31 of Drugs and Cosmetics Act 1940 - Confiscation

Section 31 Confiscation`: Drugs and Cosmetics Act 1940

1[(1)] Where any person has been convicted under this Chapter for contravening any such provision of this Chapter or any rule made thereunder as may be specified by rule made in this behalf, the stock of the drug 2 [or cosmetic] in respect of which the contravention has been made shall be liable to confiscation 3 [and if such contravention is in respect of-

4 [(i) manufacture of any drug deemed to be misbranded under section 17, adulterated under section 17A or spurious under section 17B; or

(ii) 5 [manufacture for sale, or for distribution, sale, or stocking or exhibiting or offering for sale,] or

distribution of any drug without a valid licence as required under clause (c) of section 18;

any implements or machinery used in such manufacture, sale or distribution and any receptacles, packages or coverings in which such drug is contained and the animals, vehicles, vessels or other conveyances used in carrying such drug shall also be liable to confiscation.]

6 [(2) Without prejudice to the provisions contained in sub-section (1) where the Court is satisfied, on the application of an Inspector or otherwise and after such inquiry as may be necessary that the drug or cosmetic is not of standard quality or is a 5 [misbranded, adulterated or spurious drug or misbranded or spurious cosmetic,] such drug or, as the case may be, such cosmetic shall be liable to confiscation.]

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1. S. 31 re-numbered as sub-section (1) by Act 35 of 1960, s. 9 (w.e.f. 16-3-1961).

2. Ins. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).

3. Ins. by Act 13 of 1964, s. 21 (w.e.f. 15-9-1964).

4. Subs. by Act 68 of 1982, s. 26, for cl. (i) (w.e.f. 1-2-1983).

5. Subs. by s. 26, ibid., for certain words (w.e.f. 1-2-1983).

6. Sub-section (2) ins. by Act 35 of 1960, s. 9 and subs. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).