6Penalty for unlawful importation, etc
(1) Whoever—
(a) commits a breach of any rule made under section 2, or
(b) imports 1 *** without a licence 2 [into 3 [India] across a customs frontier4 defined by the Central Central Government] any poison the importation of which is for the time being restricted under section 3, or
(c) breaks any condition of a licence for the importation of any poison granted to him under section 3,
shall be punishable, —
(i) on a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and
(ii) on a second or subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Any poison in respect of which an offence has been committed under this section, together with the vessels, packages or coverings in which the same is found, shall be liable to confiscation.
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1. The words “into British India” rep. ibid.
2. Ins.by the A.O.1937.
3. Subs. by Act 47 of 1958, s. 3, for “the States”.
4. For definition of the customs frontiers of India, see Gazette of India, 1955, Pt. II, sec. 3, p. 1521.
- 1 Short title and extent
- 2 Power of the State Government to regulate possession for sale and sale of any poison
- 3 Power to prohibit importation into the States of any poison except under licence
- 4 Power to regulate possession of any poison in certain areas
- 5 Presumption as to specified poisons
- 6 Penalty for unlawful importation, etc
- 7 Power to issue search warrants
- 8 Rules
- 9 Savings
- 10 [Repealed.]