Amendment status not verified — confirm the current text below against the official source.
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, Dtrector~. Managmg Agent, Secretary, Treasurer or 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 any powers conferred by or under the said Ordmance shall be ""f. 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) Ordmance, 1970 shall not- J.- 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 . •