Amendment status not verified — confirm the current text below against the official source.
[1960 : Bom. XI Gujarat Drugs (Control) Act, 1959 Bombay Prohibition Act, 1949 or under the Dangerous Drugs Act, 1930, or the Drugs Act, 1940. (2) If the licence, permit or pass is suspended or cancelled for any reason, the holder thereof shall not be entitled to any compensation for such suspension or cancellation, or to the refund of any fee paid in respect thereof. (3) The Collector may refuse to grant a licence, permit or pass to any person if- (a) a licence, permit or pass granted to such person under this Act, has been previously suspended or cancelled, or (b) such person has been convicted of any offence punishable under this Act, or the Bombay Prohibition Act, 1949 or under the Dangerous Drug Act, 1930, or the Drugs Act, 1940. (4) The Collector may also refuse to grant a licence, permit or pass to any firm of which the person referred to in sub-section (3) is a partner, or to any person to whom the business of such person has been transferred. 19 No person shall wilfully- (a) give any false information, or (b) refuse to give any information lawfully demanded from him under this Act or the rules or orders made thereunder, or (c) with a view to preventing the disclosure or any information contained therein alter by cancellation, or otherwise destroy, mutilate or deface any book, register, licence, permit, pass or other document. 20 The Director or Collector or any officer empowered in this behalf by the State Government may, by order, direct any person to furnish to any specified authority or person, any such information in his possession concerning any notified drugs, as may be specified in the order. 21 (1) Whoever contravenes any of the provisions of this Act or of penalty any rule, order or notification made or issued thereunder, or fails to comply with any direction, made under authority conferred by this Act, shall, on conviction, be punished. (i) for a first offence, with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees : Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees : (ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees : (iii) for a third or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than one year and fine shall not be less than two thousand and five hundred rupees : (2) In the event of any breach by the holder or any licence, permit or pass Evasion of provisions. Power to obtain information. 1960 : Bom. XI ] Gujarat Drugs (Control) Act, 1959 9 of 14 granted under this Act, or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit or pass, such holder shall in addition to the cancellation or suspension of the licence, permit or pass granted to him, be punished on conviction, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach. Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, permit or pass shall be liable to the same punishment. 22 (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section, (a) "company" means any body corporate and includes a firm or other association of individuals, and (b) "director" in relation to a firm means a partner in the firm. 23 Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for 5 * * * * a Magistrate of the first Class specially empowered by the State Government in this behalf to pass any sentence authorised under section 21 in excess of his powers under section 32 of the said Code. 24 Whenever any offence punished under this Act has been committed, (a) any notified drug in respect of which the offence has been committed, (b) any notified drug lawfully transported or in the possession of the offender along with, or in addition to the notified drug in respect of which the offence has been committed, (c) the receptacles, packages and coverings in which any notified drug referred to in clause (a) or clause (b), is found and the other contents, if any, of such receptacles, packages and coverings, and the animals, carts, vessels or other conveyance used in carrying any such notified drug, shall be liable to confiscation. 25 (1) Where during the trial of a case for an offence under this Act, the Court decides that anything is liable to confiscation under section 24, the court may after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation or in the case of any article other than a notified drug give the owner an option to pay such fine as the court deems fit in lieu of confiscation : Offences by companies Magistrate's power to impose higher punishment. V of 1898. Things liable to confiscation. Procedure in confiscation. [1960 : Bom. XI Gujarat Drugs (Control) Act, 1959 Provided that no animal, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the court that he had exercised due care in preventing the commission of the offence. (2) Where an offence under the Act has been committed, and the offender is not known or cannot be found, or where anything liable to confiscation under this Act is found or seized, the Director, Collector or any other officer authorised by the State Government in this behalf may make an inquiry and, if after such inquiry is satisfied that an offence has been committed, may order the. thing found or seized to be confiscated : Provided that, no such order shall be made before the expiry of one month from the date of finding or seizure, or without hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim. (3) Where any article found or seized under this section is liable to speedy and natural decay, or if the Court, Director, Collector, or the officer authorised by the State Government in this behalf, is of opinion that the sale would be for the benefit of the owner, the Court, Director, Collector or the officer, may at any time direct it to be sold, and the provisions of this section shall apply so far as may be to the net proceeds of the sale : Provided that, in the case of anything liable to speedy and natural decay, the Court or officer concerned may order it to be destroyed if in its or his opinion such order is expedient in the circumstances of the case. 26 (i) For the purposes of this Act, the Director, may by notification in the Official Gazette, appoint such person or officers as he thinks fit, to be Inspectors within such local limits as he may assign to them. (ii) No offence under this Act shall be investigated except by an Inspector appointed under sub-section (1). 27 No prosecution for any offence punishable under this Act shall be instituted, except with the previous sanction in Greater Bombay of the Commissioner of Police, and elsewhere of the District Magistrate. 28 An Inspector may enter and search any place in which he has reason to believe that an offence under this Act, has been, or is being or is likely to be, committed, and may seize any notified drugs and other things which he has reason to believe to be liable to confiscation under this Act, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act; and he may detain and search any person whom he has reason to believe to have committed an offence punishable under this Act. 29 An Inspector or any person authorised in this behalf by the State Government, may - (a) seize in any open place, or in transit, any notified drug or any other thing which he has reason to believe to be liable to confiscation under this Act; (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any notified drug or any other thing in his possession, which he has reason to believe to be liable to confiscation under this Act, seize it. 30 The provision of the Code of Criminal Procedure, 1998, shall so far as may be applicable, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 98 of that Code. 31 (1) The Director or Collector, or any officer duly authorised in this behalf by the State Government may- (a) require a dealer, or a person in the employ of such dealer or acting with his express or implied permission on his behalf, to produce the Inspectors and procedure. No prosecution without sanction. Power to search and seize. Power to search and seize notified drugs, etc. in open place. Procedure for search and seizure. V of 1898. Power to inspect premises of licensed dealers. 1960 : Bom. XI ] Gujarat Drugs (Control) Act, 1959 11 of 14 licence issued under this Act under which he carries on the business of a wholesaler or retailer in notified drugs; (b) enter and inspect, at any time by day or night, any shop or premises in which a dealer or medical practitioner stores or sells or dispenses notified drugs and examine, test, measure or weigh any stock of any such notified drugs or cause any such stock to be examined, tested, measured or weighed and may take a sample (on payment therefor) for the purpose in accordance with rules made in that behalf. (2) If such officer finds that the holder of a licence issued under this Act, or a person in the employ of such holder, or acting with his express or implied permission on his behalf, wilfully does, or omits to do, anything which is an offence under this Act, such officer may seize any stock of notified drug in respect of which the offence is committed, and shall forthwith send a report to his official superior for such action as he deems fit 32 (1) All orders passed under this Act, by any officer other than the Collector or the Director, shall be appealable to the Collector, at any time within sixty days from the date of the order complained of. (2) All orders passed by the Collector and the Director shall be appealable to the Director and the State Government respectively, at any time within ninety days from the date of the order complained of : Provided that, on appeal shall lie against an order passed by the Director on appeal. (3) Subject to the foregoing provisions, in deciding appeals under this section, the Collector and the Director shall follow such procedure as may be prescribed. 33 The State Government may call for and examine the record of any proceeding before any officer exercising any power or performing of discharging any duty of function under this Act (including that relating to the grant or refusal of a licence, permit or pass), for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of, such proceeding, and may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit. 34 No suit or proceeding shall lie against the Government or against any officer or against any person empowered to exercise powers or to perform duties or discharge functions under this Act, for anything in good faith done or purporting to be done under this Act. 35 Any Inspector or person authorised by the State Government under section 29, who- (a) without reasonable grounds of suspicion enters or searches or causes to be entered or searched, any building, vessel or place; or (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any notified drug or other article liable to be confiscated under section 24 or of seizing any document or other article liable to seizure under section 28 or 29; or (c) vexatiously and unnecessarily detains or searches any person, shall be punished with fine which may extend to five hundred rupees. 36 All prosecutions of any officer or person empowered to exercise powers or to perform duties or discharge functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of, and not afterwards; and any such action shall be dismissed- (a) if the plaintiff does not prove that, previously to bringing such action, he has Appeals Revision. Bar of proceedings. Punishment for vexatious entry, search seizure. Limitation of prosecutions or suits against officers. [1960 : Bom. XI Gujarat Drugs (Control) Act, 1959 presented all such appeals or applications for revision allowed by or under this Act or by or under any other law for the time being in force, as within the aforesaid period of four months it was possible to present; or (b) in the case of an action for damages, if the tender of sufficient amends has been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant. 37 Notwithstanding anything contained in this Act or the rules, notifications or orders made or issued thereunder, the State Government may, by general or special order,- (a) exempt, subject to such conditions as it may deem fit to impose, any person or class of persons, or any institutions, or class of institutions, from the operation of all or any of the provisions of the Act, or any rules or orders made, or any condition of a licence, permit or pass granted, thereunder; (b) prescribe the number of places at which any notified drug specified in such order may be sold in any area; (c) prescribe the procedure to be followed before granting any licence, pass or permit; (d) specify the person or classes of persons to whom licences or permit or passes under this Act may or may met be granted; (e) issue such other instruction in any matter pertaining to the grant or otherwise of licences, permits or passes under this Act as it may deem proper; (f) prohibit the disposal of any notified drug except in such circumstances and under such condition, as may be specified in the order; (g) direct the sale of any notified drug to any dealer or class of dealers, and in such quantities as may be specified in the order; and (h) issue such further direction as appear to it to be necessary or expedient in connection with any order made under this section.