Lawgist31Confiscation
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 7[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. Re-numbered as sub-section (I) 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. Added 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, subs. by Act 21 of 1962, s. 21 (w. e.f. 27-7-1964).
7. Subs. by Act 13 of 1964. s. 21, for "or is a misbranded drug" (w.e.f. 15-9-1964).
- 16 Standards of quality
- 17 Misbranded drug
- 17A Adulterated drugs
- 17B Spurious drugs
- 17C Misbranded cosmetic
- 17D Spurious cosmetics
- 17E Adulterated cosmetic
- 18 Prohibition of manufacture and sale of certain drugs and cosmetic
- 18A Disclosure of the name of the manufacturer, etc
- 18B Maintenance of records and furnishing of information
- 19 Pleas
- 20 Government Analysts
- 21 Inspector
- 22 Powers of Inspectors
- 23 Procedure of Inspectors
- 24 Persons bound to disclose place where drugs or cosmetics are manufactured or kept
- 25 Reports of Government Analysts
- 26 Purchaser of drug or cosmetic enabled to obtain test or analysis
- 26A Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest
- 26B Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest
- 27 Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter
- 27A Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter
- 28 Penalty for non-disclosure of the name of the manufacturer, et
- 28A Penalty for not keeping documents, etc., and for non-disclosure of information
- 28B Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A
- 29 Penalty for use of Government Analyst’s report for advertising
- 30 Penalty for subsequent offences
- 31 Confiscation
- 31A Application of provisions to Government departments
- 32 Cognizance of offences
- 32A Power of Court to implead the manufacturer, etc
- 32B Compounding of certain offences
- 33 Power of Central Government to make rules
- 33A Chapter not to apply to Ayurvedic, Siddha or Unani drugs
