34A. Offences by Government
Departments. � Where an offence under Chapter IV or Chapter IVA has been
committed by any department of Government, such authority as is specified by the
Central Government to be in charge of manufacture, sale or distribution of drugs
or where no authority is specified, the head of the department, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly :
Provided that nothing contained
in this section shall render any such authority or person liable to any
punishment provided in Chapter IV or Chapter IVA, as the case may be, if such
authority or person proves that the offence was committed without its or his
knowledge or that such authority or person exercised all due diligence to
prevent the commission of such offence.
COMMENTS
A Chemist in a bottling company is
an officer of the company; Municipal Corporation of Delhi v.G.S. Gujaral, 1972
FAC 621 (del).
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