14 [(1) No prosecution under this Chapter shall be instituted except by-
1. Ins. by Act 21 of 1962, s. 20 (w.e.f. 27-7-1964).
2. Subs. by Act 68 of 1982, s. 25, for ―one thousand rupees‖ (w.e.f. 1-2-1983).
3. The words and figures ―section 28 or‖ omitted by Act 13 of 1964, s. 26 (w.e.f. 15-9-1964).
4. Subs. by Act 26 of 2008 sec. 11(b), for ―ten years, or with fine, or with both‖.
5. S. 31 re-numbered as sub-section (1) by Act 35 of 1960, s. 9 (w.e.f. 16-3-1961).
6. Ins. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).
7. Ins. by Act 13 of 1964, s. 21 (w.e.f. 15-9-1964).
8. Subs. by Act 68 of 1982, s. 26, for cl. (i) (w.e.f. 1-2-1983).
9. Subs. by s. 26, ibid., for certain words (w.e.f. 1-2-1983).
10. Sub-section (2) ins. by Act 35 of 1960, s. 9 and subs. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964).
11. Ins. by Act 13 of 1964, s. 22 (w.e.f.15-9-1964).
12. Subs. by Act 26 of 2008 sec. 11(a)(ii), for ―less than six years but which may extend to ten years and with fine which shall not be less than ten thousand rupees ‖;( w.e.f. 10-8-2009)
13. Subs. by Act 26 of 2008 sec. 11(a)(iii), for ―five thousand rupees ‖; (w.e.f. 10-8-2009)
14. Subs. by Act 26 of 2008, sec 12, for sub-section (1) and (2) (w.e.f. 10-8-2009) Drugs and Cosmetics Act, 1940 24
(a) an Inspector, or
(b) any gazetted Officer of the Central Government or a State Government authorized in writing in this behalf by the Central Government or a State Government by a general or special order made in this behalf by that Government; or
(c) the person aggrieved; or
(d) a recognised consumer association whether such person is a member of that association or not.
(2) Save as otherwise provided in this Act, no court inferior to that of a Court of Sessions shall try an offence punishable under this Chapter.]
(3) Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Chapter.
1 [32A. Power of Court to implead the manufacturer, etc.—Where, at any time during the trial of any offence under this Chapter alleged to have been committed by any person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, the Court is satisfied, on the evidence adduced before it, that such manufacturer or agent is also concerned in that offence, then, the Court may, notwithstanding anything contained 2 [in sub-sections (1), (2) and (3) of section 319 of the Code of Criminal Procedure,1973 (2 of 1974)] proceed against him as though a prosecution had been instituted against him under section 32.]
3 [32B. Compounding of certain offences.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under clause (b) of sub-section (1) of Section 13, Section 28 and Section 28A of this Act(whether committed by a company or any officer thereof), not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, either before or after the instructions of any prosecution, be compounded by the Central Government or by any State Government or any officer authorized in this behalf Central Government or a State Government, on payment for credit to that Government of such sum as that Government may, by rules made in this behalf, specify:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offences so compounded:
Provided further that in cases of subsequent offences, the same shall not be compoundable.
(2) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offences shall be allowed without the leave of the court to which he is committed or, as the case may be, before which the appeal is to be heard.
(3) Where an offence is compounded under sub-section (1), no proccding or further proceeding, as the case may be , shall be taken against the offender in respect of the offences so compounded and the offender, if in custody, shall be released forthwith.]