Section 36
Magistrate’s power to impose enhanced penalties.
The Drugs and Cosmetics Act, 1940
About this Act
An Act to regulate the import, manufacture, distribution and sale of drugs and cosmetics.
Notwithstanding anything
contained in 1* * * 2[the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for
3[any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any
sentence authorized by this Act in excess of his powers under 1* * * the said Code.
Notes
1. The words and figures "section 32 of" omitted by Act 13 of 1964, s. 29 (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s. 38, for "the Code of Criminal Procedure, 1898" (w.e.f. 1-2-1983).
3. Subs. by s. 38, ibid., for "any Presidency Magistrate or any Magistrate of the first class" (w.e.f. 1-2-1983).
2. Subs. by Act 68 of 1982, s. 38, for "the Code of Criminal Procedure, 1898" (w.e.f. 1-2-1983).
3. Subs. by s. 38, ibid., for "any Presidency Magistrate or any Magistrate of the first class" (w.e.f. 1-2-1983).