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Keyword(s):
Drug, Inspector, Other Stores
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T A M I L .-.NADU ' ' '
The following Act of the Tamil Nadu Legislature received the assent of the President on the 17th -bar 1988 and is hereby published for generd informatioa :-
ACT No. 6 OF 1988.
An Act to provide for the punishment of thr oflence of unlawful possession of drugs and other stores belonging to the Government- of Tamil Nadu.
BE it enacted by the iegisiature oi the State of Tamil Nada h the! Thirty-seventh Year of the Republic of India as follows :-
1 . Short title, extent and commencement.-(1) This Act may ' -7 . called the Tamil Nadu Drugs and Other Stores (UnlawI:' Possession). Act, 1986.
(2) It extends to the wholt~of .the Gtate of Tamil Nadv . , ."a
(3) It shall come inb forca on such dab as the G o v m w t ' ;i
may, by notXcatim, appoint. , *-
2. Defini1im.-In this Act, unless tha context o t h e r ~ h c --<
requires,- ~f; . ,. , . . , (I) "drug" includes-, $<, ,-+ .. .
(i) dl medidnes for i n t e M 6r external b& of hnmnn bob&
or animals and all ~ubstances inended to bo used fw, or in tbs
diagno$s, ,. .treatment, mitigation- ,a eprev~ntion of, disease in human beings or animals; and
(ii) such substances ;other thim food) intended to dect the struc@n .or .any, funaion of the human body or, intended to. be used .
for th2' desfmd&h,' of yrmin oj%st&$ %hi& cause diseatb Y himan v I W M ~ a hnhdalr as m y ,c@iffedJ * from tie to time ' Byd thtbh: ' .
. r * ,, . c p r <,: ,~~k+.*+ . . ~ i -*,.tr,; .>:AL a<.. :,*- 'y a+?. . f 3 > ~ > . * . + g , t 8 / Lv . *%%+- 4 -&c.- y;$-
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Governrpent, by notification, and such substances which.. ,have
I . , , : . . . , been specified by the Central Government from time to time under
- 2 , "& sub-clause (ii) of clause (b) 08 section 3 of the Drugs and Cosmetics z 5,
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Act, 1940 (Central k t XXIII of 19401, ,,. 1. $-"- - and belonging to8 or in the charge or possession of, a department of ! 'C the Government and .having such seal or mark as may be noeed ; . , by the Govepment in this behalf indicating that they belong to a , department of the Government ;
I (2) " Gotemnlent " means the State Government ;
(3) " Inspector " means an Inspector appointed under section 21
. . of the Drugs and Cosmetics .'ict, -1940 (Central Act XXIII of 1940), by the Government and includes any officer of the Police Depu-tment not below the rank of Sub-Inspector and any other officer of the Government specified by GovernmeaC by notification, in this behalf ;
(4) " other stores '' includes articles of linen, instruments, appliances or such other artides as may be specified by the Government in this behalf belonging to, or in the charge or possession of, a department of the Government and having such seal or mark as may be notified by the Government in this behalf indicating that they belong to a department of the Government.
3. Unlawful possession of drugs or other storesa--(1) If any person is 1. --rl. or is proved to have been, in possession of any drums or other stores belonging to, or in the charge or possession of, a department of the Government and having such seal or mark as notified under clauses (1) and (4) of section 2, which are reasonably suspected of being stolen or unlawfully obtained, and if he cannot account satisfactorily how he came to possess the same, he shall be punished for a first offence with imprisonment for a term which may extend to three years and with fin^ which may extend to three thousand rupees but such imprisonment shall not be less than one year and
such fine shall not be less than one thousand rupees.
(2) In the case of a second or;' subsdquent offence, any such person shall be punished with imprisonment for a term which may extend to seven years and with flne which may extend to five thousand rupees but such impris~nment shall not be less than two years and L such fine shall not be less than two thousand rupees..
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4. Powers of Inspector.-(1 ) An Inspector may, within the local limits of the area for which he is appointed,-
(a) enter and search at all reasonable time:s, with such assistants, if any, as he considers necessary any place in which he
5'" has reas011 to believe that an offencz under this Act has been or is i, . being conimitted, seize the stock d,such drugs and other stores in respect of which he has reason to believz that' an offence under this # ,
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Act has been or is being cummitted ; and IAL (b) examine any record, register, document or any other &
(. , . material object f o y d in any place mentioned in clausq (a) and seize
i+ the same if he has reason to believe that it may furnish 'evidence of ?Y , '- . . the conlmission of an offence punishable under this Act. .'+"
1 (2) The provisions of the Code of Criminal' Procedure, 1973 g \
Cli - "' (Central Act 2 d 1974) sh&, so far as may be, apply ta any search or seizure under this Act as they .apply to any search 6r se!.zure made under the authority of .a waqant issued under section 94 of the said
. Code. . I I + .d ..: . ,*" ._ , ' . ( 3 ) Where an ~an~ec tb r ~ei&s-&e stocks' of W'dtttg or otha i: '. stores under clause (a) of s u b - d o n (l).~he shall as soon as may be, inform a Magidrab aud take his orders as to Wcustody thereof. R": * #'* 2
p-\ . . (4) Where an InspectOr seizes 'LY record, re$ster, document
I d or any other material: object mder clgue (b) of sub-section (I), he L-- , . ' F, , shall, as soon as may be, iriform 'a Ihigi~trMe &id 6ke his ofders tis to the custody thereof. . * : ' 1
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(5) If any person wil£ully obstructs an Iuspectm in the exercise
of the powers conferred upon him by or m&r this Act, he shall be p r m k h e d w i t b ~ w b i c h m a ) - e x t e n d t o m e y e a t a r w i t h f b n t ~ I n a q ~ t o a m t f r o m a n d r v p e e s o r ~ b O t h ,
S.Z&.ity.-No Sait ~ r r otw legal pEocecding shall hi;b &st
the Government or any 'ofEcer of the Government in respect of
anything which is in good faith done or intended to be done by or under this Act.
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6. Things linbb to confircation.-In any case in which an oflence has been committed against this Act, the drug or other stores in respect of which the offence has been committed, shall be confiscated to the Government.
7. Confiscation how ordered.-(1) When the offender is convicted or when the person charged with an offen& against this Act is acquitted, but the court decides that anything is liable to confiscation, such confiscation may be ordered by the court.
8. Disposal of drugs and other stores.-When any drug or other stores has been conliscated under this Act, such drug or other stmes shall be taken possession of. by such officer of the Medical Services
D e p m e n t as may be prescribed. every officer empowered by the Government, while exercising any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of sectioc 21 of tbe Indian Pend Code (Central Act XLV of 1860).
10. Pow,:r to make rules.-The Governlent may make rules for the purpose oi carrymg into effect the provisions of this Act.
11. Rules and notifications to be placed before the Legislature.- ( 1 ) (a ) rules made under this Act shall be published in the
Tamil Nadu Government Gazette and, ilnless they are expressed to , come into force on a particular day, shall come into force ori the" day on which they are so published.
(b) All notifications issued under this Act, Ishall; unless they- are expressed to come into force on a particular day, come into force on the day on which t&ey are published.
( 2 ) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued be placed on the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed, or the next session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule'or notification should not be made or issued, tho rule or notification shall thereafter have effect only in such (By order of the Governor)
Y. JEYASINGH PETER,
Secretary to Governnrent, Law Department. .
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