Amendment status not verified — confirm the current text below against the official source.
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 IS expedient to provide for the 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 IS found or 1s proved to have been m possessiOn of- • (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.