(1) If in the opinion of the State Government it is necessary or expedient so to do, it may by order in writing—
(a) prohibit the disposal of any drug except in • such circumstances and under such conditions as may be specified in the order;
(b) direct the sale of any drug to any such dealer or class of dealers and in such quantities as may be specified- in the order;
(c) requisition any drug (whether at the place of import or at any other place);
and make such further orders as appear to it to be necessary or expediftt in connection with any order issued under this sub-section.
(2) Where the State Government has requisitioned any drug under sub-section (1), it may use or deal with the drug in such manner as may appear to it to be expedient, and may acquire it by serving on the owner thereof, or, where the owner is not readily traceable or the ownership is in dispute, by publishing in the Official Gazette a notice stat-• ing that the State Government has decided to acquire it in pursuance of this section.
(3) Where a notice of acquisition is served on the owner of the -drug or published in the Official Gazette under subsection (2), then at the beginning of the day on which the notice is so served or published, the drug shall vest in the State free from any encumbrance and the requisition thereof shall be deemed to have ended.
Marking of prices and exhibiting price list.
Obligation to state price separately on composite offer.
Prohibition of sale, etc., and requisitioning of drugs.
4 The West Bengal Drugs (Control) Act, 1950.
[West Ben. Act (Sections 13-15j
(4) Whenever in pursuance of this section, the State Government requisitions or acquires any drug, the State Government shall pay to the owner thereof such amount as compensation as in the opinion of the State Government fairly represents the loss caused to the owner by such requisition or acquisition.
(5) The State Government may, with a view to requisitioning any drug under sub-section (1) or determining the compensation payable under sub-section (4), by order—
(a) require any person to furnish to such authority as • may be specified in the order such information in his possession relating to the drug as may be so specified;
(b) direct that the owner of the drug shall not, without the permission of the State Government, dispose of it till the expiry of such period as may be specified in the order.
Penalties. 13.. (1) Whoever contravenes any of the provisions of this Act or of any direction made under authority conferred by this Act shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(2) A Court convicting any person of an offence punishable under this Act may order that the whole or any part of the stock of drugs in respect of which the offence was committed shall be forfeited to the State.
(3) It shall be a defence for a person charged with a contravention of any of the provisions of this section to prove that, in relation to the matter in respect of which he is charged, he acted in the course of his employment as a servant or agent of another person on the instructions of his employer or of some other specified person.
14. Where a person committing an offence punishable under this Act is a company or an association or a body of persons, whether incorporated or not, every director, manager, secretary, agent or other officer or person concerned with the management thereof, shall, unless he proves that the offence was. committed without his knowledge or that he has exercised all due diligence to prevent its commission, be .
deemed to be guilty of such offence.
Procedure. 15. (1) No person other than a police officer of or above .the rank of an. Inspector of Police or an officer other than a police officer, authorised in this behalf by the . State Government by notification in the Official Gazette, shall investigate any offence under this Act.
(2) No prosecution for any offence punishable under this Act shall •be instituted except with the previous sanction in the Presidency town of Calcutta, of the Commissioner of Excise, West Bengal, and elsewhere, of the District Magistrate.
Offences by corporations.
The West Bengal Drugs (Control) Act, 1950.
xxxv I of 1950.]
(Sections 16-20.)
16. Any person competent to investigate any offence Powers of under this Act may search any place in which he has reason search to believe that an offence under this Act has been, or is being aein dare.s committed, and take possession of any stock of drugs in respect of which the offence has been or is being committed.