The Drugs and Cosmetics Act, 1940
13. Offences.–
13. Offences. – (1) Whoever himself or by any other person on his behalf imports,
(a) Any drug deemed to be adulterated under section 9A or deemed to be a spurious drug under section 9B or any spurious cosmetic referred to in section 9D or any cosmetic of the nature referred to in clause (ee) of section 10 shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees .
(b) Any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the import of which is prohibited under section 10, or any rule made under this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both ;
(c) Any drug or cosmetic in contravention of the provisions of any notification issued under section 10A, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.
(2) Whoever having been convicted of an offence –
(a) Under clause (a) or clause (c) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both ;
(b) Under clause (b) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
(3) The punishment provided by this section shall be in addition to any penalty to which the offender may be liable under the provisions of section 11.
COMMENTS
Oral evidence can be led to prove previous conviction only if the original judgement of previous conviction has been lost; City Board Saharampur v. Abdul Waheed, AIR 1959 All 695.
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1. Subs. by Act 68 of 1982, sec. 10, for section 13 (w.e.f. 1-2-1983).
The Drugs and Cosmetics Act, 1940
