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18. Prohibition of
manufacture and sale or certain drugs and cosmetics. �
From such date as may be fixed by the State
Government by notification in the Official Gazette in this behalf, no person
shall himself or by any other person on his behalf-
(a) [(Note:
manufacture for sale or for distribution, or sell, or stock or exhibit or offer
for sale, ] or distribute �
(i) Any drug which is not of
a standard quality, or is misbranded, adulterated or spurious ;
(ii) Any cosmetic which is
not of a standard quality or is misbranded or spurious ;
(iii) Any patent or
proprietary medicine, unless there is displayed in the prescribed manner on the
label or container thereof the true formula or list of active ingredients
contained in it together with the quantities, thereof
(iv) Any drug which by means
of any statement design or device accompanying it or by any other means,
purports or claims [(Note: Subs. by Act 11 of 1955, sec.9, for "to cure or
mitigate") to prevent, cure or mitigate] any such disease or ailment, or to have
any such other effect as may be prescribed ;
(v) Any cosmetic containing
any ingredient, which may render it unsafe or harmful for use under the
directions, indicated or recommended ;
(vi) Any drug or cosmetic in
contravention of any of the provisions of this Chapter or any rule made there
under ;
(b) Sell or stock or exhibit
or offer for sale,] or distribute any drug [(Note: Ins. by Act 11 of 1955,
sec.14 (w.e.f. 27-7-1964)) or cosmetic] which has been imported or
manufactured in contravention of any of the provisions of this Act or any rule
made there under,
(c) [(Note: Subs. by Act 68
of 1982, sec.14, for certain words (w.e.f. 1-2-1983)) manufacture for sale or
for distribution, or sell, or stock or exhibit or offer for sale,] or distribute
any drug [(Note: Ins. by Act 21 of 1962, sec.14 (w.e.f. 27-7-1964)) or
cosmetic], except under, and in accordance with the conditions of, a licence
issued for such purpose under this Chapter.
Provided that nothing in this
section shall apply to the manufacture, subject to prescribed conditions, of
small quantities of any drug for the purpose of examination, test or analysis ;
Provided further that the
[(Note: Subs. by Act 11 of 1955, sec.9, for "State Government") Central
Government] may, after consultation with the Board by notification in the
Official Gazette, permit, subject to any conditions specified in the
notification, the [(Note: Subs. by Act 68 of 1982, sec.14 (w.e.f. 1-2-1983))
manufacture for sale or for distribution, sale, stocking or exhibiting or
offering for sale] or distribution of any drug or class of drugs not being of
standard quality.
COMMENTS
On a reading of section 18A and
sub-section (4) of section 23 together, it is clear that out of the four
portions into which the sample has been divided one portion should be sent to
the person, if any, whose name and address and other particulars have been
disclosed under section 18A; In re: R.Dayalan, 1978 Cri Lj 1852. (1979) 1 FAC
29.
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