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27. Penalty for
manufacture, sale, etc., of drugs in contravention of this Chapter. �
Whoever, himself or by any other person on his behalf, manufacturers for sale or
for distribution, or sells, or stocks or exhibits or offers for sale or
distributes,-
(a) any drug deemed to be
adulterated under section 17A or spurious under section 17B or which when used
by any person for or in the diagnosis, treatment, mitigation, or prevention of
any disease or disorder is likely to cause his death or is likely to cause such
harm on his body as would amount to grievous hurt within the meaning of section
320 of the Indian Penal Code solely on account of such drug being adulterated or
spurious or not of standard quality, as the case may be, shall be punishable
with imprisonment for a term which shall not be less than five years but which
may extend to a term of life and with fine which shall not be less than ten
thousand rupees ;
(b) any drug �
(i) deemed to be adulterated
under section 17A, but not being a drug referred to in clause (a), or
(ii) without a valid licence as
required under clause � of section 18, shall be punishable with imprisonment for
a term which shall not be less than one year but which may extend to three years
and with fine which shall not be less than five thousand rupees :
Provided that the Court may,
for any adequate and special reasons to be recorded in the judgment, impose a
sentence of imprisonment for a term of less than one year and of fine of less
than five thousand rupees :
(c) any drug deemed to be
spurious under section 17B, but not being a drug referred to in clause (a) shall
be punishable with imprisonment for a term which shall not be less than three
years but which may extend to five years and with fine which shall not be less
than five thousand rupees :
Provided that the Court may,
for any adequate and special reasons, to be recorded in the judgement, impose a
sentence of imprisonment for a term of less than three years but not less than
one year,
(d) any drug, other than a drug
referred to in clause (a) or clause (b) or clause (c), in contravention of any
other provision of this Chapter or any rule made there under, shall be
punishable with imprisonment for a term which shall not be less than one year
but which may extend to two years and with fine :
Provided that the Court may for
any adequate and special reasons to be recorded in the judgement impose a
sentence of imprisonment for a term of less than one year.
COMMENTS
The absence of any comma after the
word "stocks" clearly indicates that the clause "stocks or exhibits for sale" is
one indivisible whole and it contemplates not merely stocking the drugs but
stocking the drugs for the purposes of sale and unless all the ingredients of
this category are satisfied, section 27 of the Act would not be attracted; Mohd
Shabir v. State of Maharashtra, (1979) 1 SCC 568.
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