Section 5 in The Prevention Of Adulteration Of Food, Drugs And Cosmetics (West Bengal Amendment) Act, 1973.
5. Amendment of Act 23 of 1940.
- In the Drugs and Cosmetics Act, 1940, -(i)in sub-section (1) of section 6, after the existing proviso, the following further proviso shall be added, namely :-"Provided further that the State Government may, with the prior approval of the Central Government, direct that the functions of the Central Drugs Laboratory and the Director may be carried out in West Bengal by such Authority and such officer respectively as may be specified by the State Government by notification in the Official Gazette and any reference in this Act to the Central Drugs Laboratory or the Director shall then be construed to mean such Authority or officer, as the case may be.";(ii)after section 19, the following section shall be inserted, namely :-"19A. Burden of proof. - When any drug or cosmetic is seized from any person in the reasonable belief that such drug or cosmetic is misbranded or adulterated, the burden of proving that such drug or cosmetic is not misbranded or adulterated shall be on the person from whose possession such drug or cosmetic was seized.";(iii)in section 27, -(a)in clause (a), -(i)for the words "for a term which shall not be less than one year but which may extend to ten years", the words "for life" shall be substituted;(ii)in the proviso, for the words "imprisonment of less than one year", the words "less than imprisonment for life" shall be substituted;(b)in clause (b), for the words "for a term which may extend to three years", the words "for life" shall be substituted;(iv)in section 27A, for the words "a term which may extend to one year, or with fine which may extend to five hundred rupees,", the words "life or with fine" shall be substituted;(v)in section 30, -(a)in sub-section (1) -(i)in clause (a), for the words "ten years", the words "imprisonment for life" shall be substituted;(ii)in clause (b), for the words "may extend to ten years or with fine, or with both", the words "shall not be less than two years but which may extend to imprisonment for life and shall also be liable to fine" shall be substituted;(b)in sub-section (1A), for the words may extend to two years, or with fine which may extend to one thousand rupees, or with both", the words "shall not be less than two years but which may extend to imprisonment for life and shall also be liable to fine" shall be substituted;(vi)for section 32, the following section shall be substituted, namely :-"32. Cognizance of offences and arrest without warrant. - (1) All offences punishable under this Act shall be cognizable and non-bailable.(2)Any police officer not below the rank of a Sub-Inspector of Police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences punishable under this Act.".
