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Section 32A – The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

 

 

32A. Power of Court to implead the manufacturer, etc. –

 

1[32A. Power of Court to implead the manufacturer, etc.—Where, at any time during the trial of any offence under this Chapter alleged to have been committed by any person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof the Court is satisfied, on the evidence adduced before it, that such manufacturer or agent is also concerned in that offence, then, the Court may, notwithstanding anything contained 2[in sub-sections (1), (2) and (3) of section 319 of the Code of Criminal Procedure, 1973 (2 of 1974)], proceed against him as though a prosecution had been instituted against him under section 32.

 

COMMENTS

 

The object of the section seems to be that such a power enables speedy trial of the really guilty parties; Bhagwandas v. Delhi Admn., (1975) 1 SCC 866 : 1975 Cri L J 1091.

 

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1. Ins. by Act 13 of 1964, sec. 23 (w.e.f. 15-9-1964).

 

2. Subs. by Act 68 of 1982, sec. 28, for “in sub-section (1) of section 351 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-2-1983).

 

 

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The Drugs and Cosmetics Act, 1940

 

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