The KERALA DRUGS AND OTHER STORES (UNLAWFUL POSSESSION) ACT, 1971

102 THE KERALA DRUGS AND OTHER STORES (UNLAWFUL POSSESSION) ACT, 1971 (Act 17 of 1971) CONTENTS Preamble. Sections 1. Short title, e:xtent and commencement. 2 !Jefimtwns. 3 Unlawful possesswn of drugs or other stores. 4 Inspectors 5. Powers of Inspectors 6. Procedure 7. Disposal of drugs or other stores on acquittal. 8. Cognizance of offences 9 Offences by compames. 10. lndemmty. 11. Savmgs THE KERALA DRUGS AND OTHER STORES (UNLAWFUL POSSESSION) ACT, 1971"' (Act 17 of 1971) An Act to provide for the punishment of the offence of unlaw ful possession of drugs and other stores belonging to the Health Department, the Animal Husbandry Depart ment or the Department of the Indigenous Medicine of the Government of Kerala Preamble.-WHEREAS it expedient to provide for the IS pumshment of the offence of unlawful possessiOn of drugs and other stores belongmg to the Health Department, the Arumal Husbandry Department or the Department ot the Ind1genous Med1cme of the Government of Kerala ~ BE 1t enacted m the Twenty-second Year of the Republic of Ind1a as follows.- • • Published m the G lZette Extraordmary No. 261, dated 29th May, 1971. 103 1 Short title, extent and commencement.-(1) Thts Act may be called thE' Kerala Drugs and other Stores (Unlawful Fossesswn) Act, 1971. (2) It extends to the whole of the State of Kerala. (3) It shall be deemed to have come into force on the 2nd day of December, 1970. 2 Definitions.-In this Act, unless the context otherwise reqUires,- (a ) 'drug' includes- (!) all medtcmes for mternal or external use of humdn bemgs or ammals and all substances mtended to be used for or m the dtagnosts, treatment, mitigation or preventwn of dts ease m human bemgs or ammals , and (n) such substances (other than food) mlended to affect the strueture or any functwn of the human body or mtended to be used for the destructiOn of vermm or msects which cause dtsease m human bemgs or ammals as may be specified from time to t1me by the Government by nohficatwn m the gazette and mclude such substances which have been specifi ed by the Central Government under sub-clause (u) of clause (b) of sectwn 3 of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940) before the commencement of th1s Act. (b) "Health Department" means the Health Services Department of the Government of Kerala and mcludes all medical mstttutwns attached to the Government Medtcal Col leges m the State. (c) "Inspector" means an Inspector appointed under !:;eCtlOn 4. (d) "Other stores" mcludes arttcles of lmen, mstruments or appliances acquired by the Health Department, the Ammal Husbandry Department or the Department of Indigenous Medtcme of the Government of Kerala and havmg such seal or mark as may be notified by the Government m this behalf mdicating that they belong to the Health Departmen't, the Ammal Husbandry Department or the Department of Indi penous Medicme of the Government of Kerala 3 Unlawful possession of drugs or other stores.-1£ any person found or 1s proved to have been m possessiOn of- IS • (a) any drug havmg any seal or mark on 1t or on packages or containers thereof mdicatmg that 1t belong.;; to 104 the Health Department, the Ammal Husbandry Depar,ment or the Department of Indigenous Medtcme of the Govern ment of Kerala, or havmg such seal or mark removed, de raced or m any manner tampered With, or (b) other stores mcludmg such stores the seal or mark over whtch has been removed, defaced or m any manner tampered wtth, and whtch ts or are reasonably suspected of bemg stolen or unlawfully obtained, such person shall, tf he cannot account satisfactonly as to how he came mto possessiOn thereof, be puniShed with ImpriSonment for a term whtch shall not be less than stx months but whtch may extend to two years and wtth fine which shall not be less than one thousand rupees Provided that the court may for any adequate and specw.l reasons to be mentwned in the Judgment, 1mpose a sentence of Impnsonment for a term of less than SIX months or of fine of less than one thousand rupees or of both Impnsonment for a term of less than six months and fine of less than one thousand rupees. 4. Inspectors.-The Government may. by notificatiOn m the Gazette, appomt such persons not below the rank of a Sub Inspector of :pollee or an Inspector appomted under <;ectwn 21 of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940) to be Inspectors for the purposes of this Act and may assign to them such local limits as It may thmk fit 5 Powers of Inspectors.-(1) An Inspector may, withm the local limits of the area for which he IS appomted- (a) enter and search With such assistance as he con Siders necessary, any place m which he has reason to believe that an offence under this Act has been committed or IS bemg r:ommitted and may seize such drugs or other stores which may furmsh evidence thereof ; (b) may examme any record, register, documents or f)ther matenal obJect found m any place mentiOned m clause (a) and seize the same, If he has reason to belteve that It may furmsh evidence of the commissiOn of an offence pumshable ~- under this Act. ) (2) The provisions of the Code of Crimmal Procedure, 1898 {Central Act 5 of 1898), shall, so far as may be ap»JlY to any search or seizure under this Act as they apply to any 105 search or seizure made under the authonty of a warrant is~u­ ed under sectwn 98 of the sa1d Code (3) If any person wilfully obstructs an Inspector m the exercJse of the powers conferred upon him by or under thiS Act, he shall be pumshable wJth 1mpnsonment for a term which shall not be less than SIX months but which may extend to two years and with fine which shall not be less than one thousand rupees : Provided that the Court may for any adequate and special '·easons to be mentwned m the JUdgment Impose a sentence of Impnsonment for a term ot less than SIX months or of fine o( less than one thousand rupees or of both Impnsonment lor term of less than six months and fine of less than one c1 thousand rupees. 6 Procedure.-Where an Inspector seizes any drug· or other stores or any record, regJster, document .or any other matenal obJect under sectiOn 5, he shall, Withm twenty-four hours of such seizure produce them before a Magistrate havmg JUnsdiction over the area and take his orders as to the custody thereof 7. Disposal of drugs or other stores on acquittal.-When any person has been acqUitted m respect of an offence punish able under this Act and It is found that the drugs or other stores produced before the court bear any seal or mark as specified m sectiOn 3 or It JS found that such seal or mark removed, defaced, or m any manner tampered With, the Court .nay make an order directmg delivery of such drugs or other stores to that Department of the Government to whtch they belong 8 Cognizance of offences.-(1) No court shall take cog .uzance of any offence pumshable under this Act except upon a complaint made by an Inspector appomted under this Act. (2) No court Infenor to that of a Magistrate of the First Class shall try any offence pumshable under this Act <) Offences by companies.-Where an offence under th1s Act has been committed by a company, every officer of the company, who at the time the offence was committed, was m .::huge of, and was respons1ble to the company for the con duct of the business of the company, shall be deemed to be 106 guilty of the offence and shall be liable to be proceeded against and pumshed accordmgly Explanation.-For the purposes of thts sectwn- (a) "company" means any body corporate and mcludes a firm, a co-operative soctety or other assoctatwn of mdtvtduals; ..... (b) "dtrec.tor" m relation to a firm means a partner m the firm, (c) "officer of the company" means the Managmg Dtreatorr, Managmg Agent, Secretary, Treasurer or Dtrector~. Manager of the Company and mcludes the office bearers of a firm, co-operattve soctety or other assoctatwn of mdtvtduals. 10 Indemnity.-No smt, prosecution or other legal pro r.eedmgs shall lie agamst any person for anythmg whtch IS, m good faith, done or mtended to be done under thts Act 11 Savings.-Notwtthstanding the exptry of the Kerala Drugs (Unlawful PossessiOn) Ordmance, 1970 (19 of 1970)- (a) anythmg done or any actwn taken m exercise of ""f. any powers conferred by or under the said Ordmance shall be 1leemed to have been done or taken m exerc1se of the powers 9 conferred by or under the correspondmg proviswn of th1s Act; (b) anythmg done or any action taken after such expiry and before the date of publication of this Act m the Gazette wh1ch could have been done or taken under the said Ordmance 1f 1t had not exp1red, shall be deemed to have been done or taken under th1s Act ; or (c) any mvestigatwn, legal proceedmgs, or remedy which could have been mstit:uted, contmued or enforced under the satd Ordmance If 1t had not exp1red, may be mst1tuted, continued or enforced under the corresponding proviswn of th1s Act. (2) The expiry of the Kerala Drugs (Unlawful Possesswn) J.- Ordmance, 1970 shall not- 1 (a) affect any right, priv1lege, obligation or liab1hty acquired, accrued or mcurred under the sa1d Ordmance , or ' (b) affect any penalty or pumshment incurred in Pes- pect of any offence committed under the said ordmance; or 107 (c) affect any mvesttgatiOn, legal proceedmgs or remedy m respect of any such nghl, pnvllege, obhgahon, ltabthty, penalty, or pumshment, and any such mvesttgat10n, legal proceedmgs or remedy may be mshtuted, contmued or enforced, and any such penalty or punishment may be tm ! osed under the provtsiOns of thts Act (3) Notwtthstandmg anythmg contamed m thts Act, no person shall be convtcled of any offence under thts Act for havmg commttled the same after the 22nd Apnl, 1971, and l'efore the date of publication of th1s Act m the Gazette . •