Section 19:
Pleas.
(1) Save as hereinafter provided in this section, it shall be no defence in a prosecution under this Chapter to prove merely that the accused was ignorant of the nature, sub stance
or quality of the drug 1[or cosmetic] in respect of which the offence has been committed or of the
circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose
of test or analysis, has not been prejudiced by the sale.
(2) 2[For the purposes of section 18 a drug shall not be deemed to be misbranded or
3[adulterated or spurious] or to be below standard quality nor shall a cosmetic be deemed to be
misbranded or to be below standard quality] only by reason of the fact that--
(a) there has been added thereto some innocuous substance or ingredient because the
same is required for the manufacture or preparation of the drug 1[or cosmetic] as an article
of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight
or measure of the drug 1[or cosmetic] or to conceal its inferior quality or other defects; or
4* * * * *
(b) in the process of manufacture, preparation or conveyance some extraneous substance
has unavoidably become intermixed with it: provided that this clause shall not apply in
relation to any sale or distribution of the drug 1
[or cosmetic] occurring after the vendor or
distributor became aware of such intermixture.
5[(3) A person, not being the manufacturer of a drug or cosmetic or his agent for the distribution
thereof, shall not be liable for a contravention of section 18 if he proves--
(a) that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer
thereof;
(b) that he did not know and could not, with reasonable diligence, have ascertained that
the drug or cosmetic in any way contravened the provisions of that section; and
(c) that the drug or cosmetic, while in his possession, was properly stored a nd
remained in the same state as when he acquired it.]
Notes:
1. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964).
2. Subs. by Act 13 of 1964, s. 15, for certain words (w.e.f. 15-9-1964).
3. Subs. by Act 68 of 1982, s. 16, for "adulterated" (w.e.f. 1-2-1983).
4. Cl. (aa) ins. by Act 11 of 1955, s. 10, omitted by Act 13 of 1964, s. 15 (w.e.f. 15-9-1964).
5. Subs. by Act 13 of 1964, s. 15, for sub-section (3) (w.e.f. 15-9-1964).