Section 31:
Confiscation.
1[(1)] Where any person has been convicted under this Chapter for
contravening any such provision of this Chapter or any rule made thereunder as may be
specified by rule made in this behalf, the stock of the drug 2[or cosmetic] in respect of which
the contravention has been made shall be liable to confiscation 3[and if such contravention is in
respect of--
4[(i) manufacture of any drug deemed to be misbranded under section 17, adulterated under
section 17A or spurious under section 17B; or]
(ii)
5[manufacture for sale, or for distribution, sale, or stocking, or exhibiting or offering
for sale,] or distribution of any drug without a valid licence as required under clause (c) of
section 18,
any implements or machinery used in such manufacture, sale or distribution and any receptacles
packages or coverings in which such drug is contained and the animals, vehicles, vessels
or other conveyances used in carrying such drug shall also be liable to confiscation.
6[(2) Without prejudice to the provisions contained in sub-section (1), where the Court is
satisfied, on the application of an Inspector or otherwise and after such inquiry as may be
necessary that the drug or cosmetic is not of standard quality 7[or is a 5[
misbranded, adulterated
or spurious drug or misbranded or spurious cosmetic,] such drug or, as the case may be, such
cosmetic shall be liable to confiscation.]
Notes:
1. Re-numbered as sub-section (I) by Act 35 of 1960, s. 9 (w.e.f. 16-3-1961).
2. Ins. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).
3. Added by Act 13 of 1964. s. 21 (w.e.f. 15-9-1964).
4. Subs. by Act 68 of 1982, s. 26, for cl. (i) (w.e.f. 1-2-1983).
5. Subs. by s. 26, ibid" for certain words (w.e.f. 1-2-1983).
6. Sub-section (2) ins. by Act 35 of 1960, s. 9, subs. by Act 21 of 1962, s. 21 (w. e.f. 27-7-1964).
7. Subs. by Act 13 of 1964. s. 21, for "or is a misbranded drug" (w.e.f. 15-9-1964).