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31. Confiscation. �
[(1)(Note: Re-numbered as sub-section (1) by
Act 35 of 1960, sec.9 (w.e.f. 16-3-1961))] Where any person has been convicted
under this Chapter for contravening any such provision of this Chapter or any
rule made there under as may be specified by rule made in this behalf, the stock
of the drug [(Note: Ins. by Act 21 of 1962, sec.21 (w.e.f. 27-7-1964)) or
cosmetic] in respect of which the contravention has been made shall be liable to
confiscation [(Note: Added by Act 13 of 1964, sec.21 (w.e.f. 15-9-1964)) and if
such contravention is in respect of �
[(i) (Note: Subs. by Act 68 of
1982, sec.26, for clause (i) (w.e.f. 1-2-1983)) Manufacture of any drug deemed
to be misbranded under section 17, adulterated under section 17A or spurious
under section 17B ; or]
(ii) [(Note: Subs. by Act 68 of
1982, sec.26, for certain words (w.e.f. 1-2-1983)) manufacture for sale, or for
distribution, sale, or stocking or exhibiting or offering for sale,] or
distribution of any drug without a valid licence as required under clause (c) of
section 18,
any implements or machinery
used in such manufacture, sale or distribution and any receptacles, packages or
coverings in which such drug is contained and the animals, vehicles, vessels or
other conveyances used in carrying such drug shall also be liable to
confiscation].
[(2) (Note: Sub-section (2)
ins. by Act 35 of 1960, sec.9, subs. by Act 21 of 1962, sec.21 (w.e.f.
27-7-1964)) Without prejudice to the provisions contained in sub-section (1),
where the Court is satisfied, on the application of an Inspector or otherwise
and after such inquiry as may be necessary that the drug or cosmetic is not of
standard quality [(Note: Subs. by Act 13 of 1964, sec.21, for "or is a
misbranded drug" (w.e.f. 15-9-1964)) or is a [(Note: Subs. by Act 68 of 1982,
sec.26, for certain words (w.e.f. 1-2-1983)) misbranded, adulterated or spurious
drug or misbranded or spurious cosmetic,] such drug or, as the case may be, such
cosmetic shall be liable to confiscation.]
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