Download Sessional Courts in India and more Summaries Criminal procedure in PDF only on Docsity!
POISONS ACT,
Content Outline:
Object Definition Import of Poison Possession & Sale of Poison Offences & Penalties Powers of issue search warrants List of Poisons
Object: The main object of passing this Act was,to regulate & control import, possession & sale of poisons. According to the provision of Poison Act, Central Govt. has been authorized to regulate the import of poisons in India. & State Govt. has been authorized to make rules to regulate possession & sale of poison within their respective areas.
Definition: Specified poison:- Any substance specified as a poison in a rule made or notification issued Under the Poison Act,1919 shall be deemed to be a poison for the purpose of this Act.
Import of poison 1) The import of any specified poison is permitted under the authority of license granted by Central Govt. 2) Import of specified poison is allowed only under & in accordance with conditions of a license. 3) Central Govt. may regulate the grant of such licenses.
Possession for Sale & Sale of poison The State Govt. may regulate the Possession & Sale of poison within the state. The sale may be wholesale or retail. The rules may be applicable for the whole or any part of the territories under the administration of the state. Such a rules may provide for- i) Grant of licenses for the possession of any specified poison for sale, either wholesale or retail. ii )Fixing of fees to be charged for such a licenses. iii) The classes of persons to whom the licenses for the possession & Sale of poisons are to be granted. iv )The classes of persons to whom such poisons are to be sold. v )Maintenance of Register for the sale of poisons & inspection of the same. vi) Safe custody of poisons & the labeling of the vessel, coverings or packages in which such poison is sold or stored for sale. vi )Inspection & Examination of any such poison possessed for sale by any vendor. ( a person who sale something)
Possession of any Poison :- The State Govt. has power to make rules regarding the possession of any specified poison in local area where such poison can be used for- Murders or for poisoning cattle & in such local area where such occurrences are very frequent.
Offences & Penalties Discuss offences and penalties under Poisons Act, 1919. Offences: 1) Unlawful importation of any poison. 2) Unlawful possession & sale of poison. 3) Breaking any condition of license for import of any poison.
Penalties:- Imprisonment 3 month or with fine- 500 Rs. or Both on 1st conviction Imprisonment 6 month or with fine- 1000 Rs. or Both on subsequent conviction. The poison in connection with offence together with the packages, covering is liable for confiscation.
Powers to issue search warrants-
The District Magistrate, Sub divisional Magistrate, Presidency town, Commissioner of police, may issue a warrant for search of any place in which he has reason to believe that any poison is possessed or sold in Contravention of this Act. The person to whom the warrant has be directed may enter & search a place in accordance their with.
Give two poisons from each List A and List B of the Poisons Act, 1919.
List A poisons : Aconite, Aconine, Arsenic, Atropine, Belladonna, Cantharides, Chloral hydrate, Coca, Corrosive Sublimate, Potassium cyanide, Diamorphine (Heroin), Diethyl barbituric Acid, Digitalis, Ecogonine, Ergot of Rye, Lead, Nux Vomica, Strychnine, Morphine, Pectrotoxine, Prussic acid, Savin and its oils, Stramonillan, Stropanthus, StropanthinTartar emetic, Tetraethyl lead.
List B poisons: Essential oils of Almonds(unless deprived of prussic Acid), Antimonial wines, all salts of Barium, except Barium sulphate, Tincture of Contharides, Carbolic acid, Chloroform, Mercuric Sulphocyanide, Oxalic acid, Poppies, All oxides of Mercury, Sulphonal, Zinc Chloride.
P a g e 2 | 4
2) Duration of pregnancies:
- A pregnancy may be terminated if it is not more than 12 weeks old & a medical practitioner is of the opinion that continuation of such pregnancy- i) May involve a serious risk to the life of pregnant woman, & would result into serious injury to the physical or mental health of the pregnant woman, ii) The child to be born would be seriously handicapped due to physical or mental abnormalities.
- A pregnancy may be terminated when the length of the pregnancy is more than 12 weeks old but not more than 20 weeks old & not less than 2 RMPs are of the same opinion as above.
- A pregnancy of any duration may be terminated by RMP when is of the opinion that such termination is immediately necessary to save the life of pregnant women.
3) Other cases:- The pregnancy caused due to rape or due to failure of contraceptive device used by any married woman or her husband for the purpose of family planning.
Give bonafied reasons for termination of pregnancy under M.T.P.,1971.(any six) 1) No pregnancy shall be terminated by a RMP without the consent of the pregnant women except: i) When the pregnant woman is less than 18 yrs. of age or ii) The pregnant woman is lunatic. 2) In case of pregnant woman who is minor or lunatic, the pregnancy may be terminated with a written consent of her guardian. 3) A pregnancy may be terminated if it is not more than 12 weeks old & a medical practitioner is of the opinion that continuation of such pregnancy- i) May involve a serious risk to the life of pregnant woman, & would result into serious injury to the physical or mental health of the pregnant woman, ii) The child to be born would be seriously handicapped due to physical or mental abnormalities. 4) A pregnancy may be terminated when the length of the pregnancy is more than 12 weeks old but not more than 20 weeks old & not less than 2 RMPs are of the same opinion as above. 5) A pregnancy of any duration may be terminated by RMP when is of the opinion that such termination is immediately necessary to save the life of pregnant women. 6) The pregnancy caused due to rape or due to failure of contraceptive device used by any married woman or her husband for the purpose of family planning
List the facilities provided for and ‘Approval of places for termination of pregnancy’. Facilities :- (2 marks) Upto 12 weeks MTP : Places may be approved with following facilities :{Rule-5(l) (ii)} .Gynaecology Examination Table/ Labour Table,
. Resuscitation and Sterilisation equipment, .Drugs & Parental Fluids, .Backup facilities for treatment of shock, & . Facilities for Transportation.
P a g e 3 | 4
Upto 20 weeks MTP :Places may be approved with following facilities :{Rule-5(l) (ii)a,b,c} .An operation table and
. instruments for performing abdominal or Gynecological surgery. .Anaesthetic Equipments, Resuscitation and Sterilisation equipment. .Drugs and parenteral fluids for emergency use, as notified by Government of India from time to time.
Approved places for termination of pregnancy: ( 1 mark) The pregnancy may be terminated by RMP only at
- A hospital established or maintained by Government
- A place for the time being approved for the purpose of this Act by the Government.
- A place approved by ‘District Level Committee’ (D.L.C.)
Maintenance of Admission Register
- The head of the hospital, or owner of the approved place should maintain a register in prescribed form of the admissions of women for the termination of their pregnancies.
- Serial no. should be given to each entry in the Admission Register.
- A fresh serial should be given to each calender year.
- The Admission Register is a secrete document.
- The details regarding the name & other particulars of the pregnant woman should not be disclosed to any person.
Give three offences and penalties for the same under MTP Act, 1971.(each point 1 mark) As per the latest amendments in M.T.P. Act, i) The termination of a pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years.
ii) Whoever terminates any pregnancy in a place other than that mentioned in sec.4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years.
iii) Any person being owner of a place which is not approved under clause(b) of sec.4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years.
Medicinal & Toilet Preparation(Excise Duty) Act,
Content Outline
Object
Definitions
Licensing system
Manufacture-
a) Bonded Manufactory
b) Non Bonded Manufactory
Warehousing of alcoholic preparation Offences & penalties
Object
It provides for the levy and collection of duties of excise on medicinal & toilet preparations
containing alcohol, opium, Indian hemp, or other narcotic drugs & narcotics
Definitions
Alcohol – means ethyl alcohol of any strength & purity having chemical composition C 2 H 5 -
OH
Dutiable good- It includes the medicinal & toilet preparation specified in the schedule as
being subject to duties of excise levied under this act.
Medicinal Preparation – It includes the drugs used as a remedy or prescription prepared for
internal or external use of human being or animals & all substances intended to be used for or
in treatment, mitigation or prevention of disease in human beings or animals.
Toilet Preparation – means any preparation intended for use in the toilet of human body or
in perfuming apparel of any description or any substance intended to cleanse, improve or alter the complexion, skin, hair, or teeth & includes deodorants & perfumes.
Indian hemp- has the same meaning as the word ‘hemp’ in the Dangerous Drugs Act,
Narcotic drugs or Narcotic- means a substance other than alcohol which when swallowed
or inhaled by or injected into, a human being induces drowsiness, sleep, stupefaction or
insensibility in the human being
Bonded Manufactory- It means the premises or any part of the premises approved &
licensed for the manufacture & storage of medicinal & toilet preparations containing alcohol,
opium, Indian hemp & other narcotic drugs or narcotics on which duty has not been paid.
Non Bonded Manufactory- It means the premises or any part of the premises approved &
licensed for the manufacture & storage of medicinal & toilet preparations containing alcohol,
opium, Indian hemp & other narcotic drugs or narcotics on which duty has been paid.
Denatured Spirit or Denatured alcohol-
It means alcohol of any strength which has been rendered unfit for human consumption by
the addition of substances approved by the Central Government or by the State Government
with the approval of the Central Govt.
Spirit Store – It is the part of the bonded or non bonded manufactory used for the storage of
alcohol, opium, Indian hemp & other narcotic drugs or narcotics purchased free of duty or at the prescribed rate of duty specified in the schedule to the Act.
Restricted Preparation – These are medicinal preparations which are considered as capable
of being misused as ordinary alcoholic beverages.
Unrestricted Preparation – These are medicinal preparations which are considered to be not
capable of being misused as ordinary alcoholic beverages.
Substandard Preparations- It includes:
(a) A pharmacopoeial preparation in which the amount of any of the various ingredients is
below the minimum requirement
(b) A proprietary medicine, not conforming to the formula displayed on the label.
Licensing
A ] Procedure for obtaining license-
Every person desiring to engage in operations for e.g. manufacture of M.&T.P. for which a
license is required, shall apply to the LA who shall be-
The Excise Commissioner in case of a bonded manufactory
In other cases such officers, as authorized by state Govt.
If any person desires to have more than one kind of license, he shall submit a separate
applications for every such a license.
Where the applicant has more than one place of business , he shall obtain a separate license in
respect of each such place of business.
B] Form of application
Every application for a license shall be in proper form & shall be submitted to the licensing
authority at least 2 months before the proposed date of commencement of the working of
license. In case of renewal, such application shall be submitted at least 1 months before the commencement of the year for which it is required.
Bonded Laboratory
Essential Requirements of Bonded Laboratory
How Bonded Laboratory be constructed?
Construction of bonded laboratory :
- A Spirit store, (if a distillery or a rectified spirit warehouse from which rectified spirit is
made available, is not attached with the laboratory).
- Separate room or rooms for the manufacture of medicinal preparations and toilet
preparations.
- Separate room or rooms for storage of the finished medicinal preparations and finished
toilet preparations.
Accommodation near the entrance for the officer-in-charge with necessary furniture.
Every room should bear a board indicating the name of room and serial numbers
The pipes from sinks or wash-basins should be connected with general drainage of the
laboratory.
7 ) The gas and electric connection supply should be such that their supply can be cut-off at
the end of day's work.
- Every window would be provided with specific arrangements of malleable iron rods of
prescribed dimensions and window should be covered on the inside with strong wire netting
of mesh not exceeding 25mm
- The vessels for storage of alcohol, opium, Indian hemp and other narcotic drugs & all the
finished preparations on which duty has not been paid should bear excise ticket locks.
9)There shall be only one entrance to the bonded laboratory and one door to each of its compartments. All the doors shall be secured with excise ticket locks in the absence of officer in-charge. No alterations in the bonded premises shall be made without the previous orders of the Excise Commissioner.
- All vessels intended to hold alcohol and other liquid preparations should bear a distinctive serial numbers and full capacity.
Describe the procedure for obtaining spirit from spirit warehouse for bonded
laboratory
Rectified spirit can be obtained from any spirit warehouse approved by Excise
Commissioner.
It can be obtained on an Indent in prescribed form countersigned by the officer in charge.
The Indent should be prepared in triplicate.
The original should be send by the licensee to the distiller, the duplicate send through officer
in charge to the spirit warehouse officer & triplicate retained as office copy.
After receiving the duplicate of Indent, the distillery or warehouse officer shall issue the spirit
under the appropriate permission.
The cost price of such rectified spirit shall be paid by the licensee to the distiller or
warehouse officer.
Verification of rectified spirit received & storage -
Non Bonded Laboratory/Manufactory
The work of manufacture and sale in the non-bonded manufactory shall be conducted
between the hours of sunrise and sunset and on such days and hours as may be fixed by the
Excise Commissioner.
Building arrangements.- Arrangement of the building shall be as under :
(i) The portion of the non-bonded manufactory used as “laboratory” shall be separated from
that used for other purpose.
(ii) The windows of the “spirit store”, “laboratory” and “finished store’ shall be fitted with
malleable iron bars not less than 19 mm. in thickness, the window should be covered on the
inside with strong wire netting of mesh not exceeding 25 mm
(iii) There shall be only one entrance to the non-bonded manufactory and one door each to
the “laboratory”, “spirit ”, “store”, and, “finished store”
(iv) All pipe from sinks and wash-basins inside the manufactory premises shall discharge into
closed drains forming part of the general drainage system of the premises.
(v) All electric and gas connections with the licensed premises shall be so fixed as to admit of
the supply of electricity or gas being cut off and the regulators or switches being securely
locked out at the end of day`s work.
(vi) There shall be separate “spirit store” for the rectified spirit purchased at different rate of
duty.
(vii) There shall be separate finished stores for medicinal and toilet preparation falling under each item of the Schedule to the Act.
(viii) All alterations in arrangement of building and plants shall be made only with the
previous sanction of the Excise Commissioner.
(xi) The State Government may relax the provisions in the case of small manufacturers
whose annual consumption of alcohol is not more than 500 liters and also in the case of those
who prepare medicinal preparation for dispensing to their patients only and not for sale.
Obtaining Rectified spirit – duty paid
To obtain the spirit for manufacturing medicinal & toilet preparations from approved distiller
or spirit warehouse, the licensee should send the indent along with treasury chalan
( evidence of duty payable) to the officer in-charge of distillery.
The cost of such rectified spirit shall be paid by the licensee to the distillery or spirit
warehouse keeper.
The office in-charge of the distillery, after satisfying himself that the correct amount of duty
has been paid shall order the issue of rectified spirit required with a permit covering the issue.
After entering in the proper register, the spirit so obtained should be transferred to the
respective spirit store.
Exemption from duty
The following are exempted from duty on medicinal preparations containing alcohol
manufactured in India and supplied direct from a bonded manufactory or warehouse.
(1) Hospitals and dispensaries under Government or subsidised by the Government(State or Central) (2) Charitable hospitals and dispensaries under local bodies. (3) Medical Stores of Government. (4) Any institution certified by District Medical Officer supplying medicines free to the poor.
The Government has power to exempt any dutiable goods from the levy of the duty in the
interest of the trade or in the public interest.
Classification Of Medicinal & Toilet Preparations containing alcohol
(A) Allopathic Preparations: (a) Official allopathic preparations (b) Non Official allopathic preparations( Patent & Proprietary Preparations) (B) Homoeopathic Preparations (C) Ayurvedic Preparations Medicinal and Toilet preparations are also classified as (i) Restricted preparations (ii) Unrestricted Preparation
What is manufacture in Bond? Give two points to differentiate it from manufacture
outside Bond as per Medicinal & Toilet prep. (ED) Act.
Manufacture in Bond :- It means the premises or any part of the premises approved &
licensed for the manufacture & storage of medicinal & toilet preparations containing alcohol,
opium, Indian hemp & other narcotic drugs or narcotics on which duty has not been paid.
Differentiation:-
Sr. No
Manufacture in Bond Manufacture outside Bond
It means the premises or any part of the premises approved & licensed for the manufacture & storage of medicinal & toilet preparations containing alcohol, opium, Indian hemp & other narcotic
It means the premises or any part of the premises approved & licensed for the manufacture & storage of medicinal & toilet preparations containing alcohol, opium, Indian hemp & other narcotic
The licensee of a bonded manufactory or warehouse shall be held responsible for removal of
dutiable goods by any person and shall be liable to be dealt with as if he had removed the
good himself.
Give the procedure to be followed for the movement of goods from one warehouse to
another under MTP Act, 1955.
Procedure for the movement of goods from one warehouse to another-
i) When the goods are to be removed from one warehouse to another, the consignor or the
consignee should enter into a bond with surety or sufficient security.
ii) Such bond shall be furnished to the officer-in-charge of the warehouse of removal or the
warehouse of destination as the case may be.
iii) Such bond shall remain valid until officer-in-charge of the warehouse of removal has
received a re-warehousing certificate (stating that the goods have been re-warehoused) form
the officer-in-charge of warehouse of destination.
iv) The consignor should make an application in triplicate for removal of goods from one warehouse to another warehouse to the officer-in-charge of the warehouse together with
other necessary information as the Excise Commissioner may require at least 24 hours before
the removal of goods.
v) The officer-in-charge shall take account of the goods and send the duplicate copy after
giving remark for removal to the officer-in-charge of the warehouse of destination. And
the triplicate shall be given to the consignor for dispatch to the consignee. vi) On arrival of the goods at the warehouse of destination, the consignee should present them such goods along with the triplicate application and the transport permit to the office-in-charge.
vii) Then he shall take account of the goods & complete the re-warehousing certificate on the
duplicate and the triplicate application and return the duplicate to the officer-in-charge of the
warehouse of removal and the triplicate to the consignee for the dispatch to the consignor.
viii) The consignor shall present such triplicate copy of the application with the warehousing
certificate to the officer-in-charge of his within 90 days of the issue of the transport permit to
him.
Give various particulars required to be mentioned in application for obtaining license
for manufacture in bond.
Following are the particulars which should be submitted in the application for obtaining
license to manufacture in bond.
i) Name and address of applicant, place and site on which bonded lab is proposed to be built.
ii) If the application be a firm, the name and address of all partners of firm. iii) If it be company, its registered the name and address, as well as name and address of directors, managers and managing agent should be specified, amount of capital proposed to be invested. iv) Number and full description of vats, stills and other permanent apparatus and machinery which applicant wishes to set up together with the maximum quantity of alcohol at any one time to remain in the form of finished and unfinished preparations &
vii) Site and elevation plan of laboratory building and similar plans for the quarters of the excise officer together with relevant record.
Discuss provisions for excise duty on Ayurvedic alcoholic preparations under M.T.P. (E.D.) Act, 1955. i)Ayurvedic preparations containing alcohol may be of two types-
- Those containing self-generated alcohol e.g. Asavas and Aristas.
- Those prepared by distillation or to which alcohol is added at any stage of manufacture. (ii)Duty shall not be levied on Ayurvedic preparations containing self-generated alcohol in which the alcoholic content less than 2 %. (iii)In case of the preparation, the alcoholic content of which is more than 2 % & if it is capable of being consumed as ordinary alcoholic beverages, the duty shall be paid, otherwise not. (iii)Registered Ayurvedic Practitioner are allowed to manufacture and dispense (except by distillation or by addition of alcohol during the process) such preparations are free of duty, provided- 1)They take licence. 2)Use such preparations only for the patients of the practitioners & not for sale to the general public. 3)They should allow Excise Officer to draw samples of such preparations to ensure that the preparations contain only self-generated alcohol ; and 4)They should maintain accounts of the preparations manufactured or dispensed to the
maximum quantities by weight of opium, Indian hemp or other narcotic drugs or narcotics
and their contents in finished preparations.
v) The approximate date from which the applicant desires to commence the manufacture.
Statement whether the laboratory will require a whole time excise officer or part time.
vi) List of preparations stating percentage of alcohol contained & license held under D&C
Act 1948.
Penalty- Fine upto 1000/-
5)Failure to furnish proof of export within the prescribed period to the satisfaction of Excise Commissioner by any persons authorised to export dutiable goods in bond. Penalty- Fine upto 2000/- extend to twice the amount of duty
6)Of all the offences committed with respect to warehousing Penalty - Fine upto 2000/- & goods related to the offences are liable for confiscation
7)Obstruction to the officers while exercising their powers regarding Entry, Search & Seizure Penalty- Fine upto 500/-
8)Prosecution:- Only the sub-inspector or officer above his rank can institute the prosecution under this act
9)Arrests: - Only the sub-inspector or officer above his rank can make arrest under this Act. 10)A breach of the rules, where no punishment is provided. Penalty- Fine upto 1000/- & confiscation of the goods
11)Keeping of stocks of dutiable goods in disorderly manner ( not in accordance with the provision of this Act.) Penalty - Fine upto Rs. 1000/-
12)Maintaining false accounts of stock of goods in a manufactory or warehouse or not following the provision of this Act while maintaining such accounts Penalty - Fine upto Rs. 2000/-
13)Sale of dutiable good except in prescribed containers bearing a label. Penalty - Fine upto 1000/- & confiscation of the goods related with this offence.
14)Disclosure of information by Excise officers learned by him in his official capacity.
P a g e 1 | 7
Narcotic Drugs & Psychotropic Substances Act,
Content Outline
- Object
- Definitions
- Authorities & Officers
- Prohibition, Control & Regulations
- a) Powers of Central Government
- b) Powers of State Government
- Offences & Penalties
- List of Narcotic Drugs & Psychotropic Substances
Object:- To consolidate & amends law relating to Narcotic Drugs,
To make stringent(strict) provision for control & regulation of operations relating to narcotic
drugs & psychotropic substances
To provide matter connected therewith.
‘The prevention of Illicit Traffic in Narcotic drugs & Psychotropic substances Ordinance’,1988 was passed to provide detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs & psychotropic substances & combating abuse of such drugs & substances & matter connected therewith.
Definitions:-
1]Addict:- A person habitual to regular use of any narcotic drug or psychotropic substance is
known as addict.
2]Cannabis (Hemp):- It includes following (i)Charas, which is a resin in crude or purified form obtained from the cannabis plant which
includes concentrated preparations & a resin known as hashish oil or liquid hashish.
(ii)Ganja, which comprises of flowering or fruiting tops of the cannabis plant (excluding
seeds & leaves not accompanied by the tops).
(iii)Any mixture with or without any neutral material of ganja or charas or any drink prepared
from them.
3]Coca Derivative :- It includes
(i) Crude cocaine which can be used directly or indirectly for the manufacture of cocaine.
(ii) Ecgonine & all its derivatives from which it can be recovered.
(iii) Cocaine, which is a methyl ester of benzoyl-ecgonine & its salts.
(iv) Preparations containing more than 0.1% of cocaine.
4]Opium : It means the coagulated juice of the opium poppy & its mixture with or without
neutral material, ( excluding the preparation containing less than 0.2 % of morphine ).
