Section 36AC of drugs and cosmetics act 1940
Maremi chawngthu
(Querist) 13 October 2017
This query is : Resolved
Could you explain what exactly are cognisable offence as per section 36AC of drug and cosmetic act..im so in confused..does it means that only those offences which are related to adulterated or spurious drug..or does it include offence falls under section 28A of the same act which does not relate to adulterated or spurious drug...
Supposing that a man was charged u/s 28A ...for not keeping document, etc., and for non disclosure of information.
Is that man committed a cognisable offence under drugs and cosmetics act or not??
Ms.Usha Kapoor
(Expert) 13 October 2017
under section 28 A of Drugs and cosmetics Act if a man keeps adulterated or spurious drugs by not keeping documents or not disclosing information is a cognizable and non bailable offence under certain circumstances. Section 36 AC also deals with adulterated or spurious drugs and their cognizability and non bailability. Let us examine provision of section 36 AC of Drugs and Cosmetics Act 1940
Central Government Act
Section 36AC in the Drugs and Cosmetics Act, 1940
242 [ 243 [ 36AC Offences to be cognizable and non-bailable in certain cases. —
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) every offence, relating to adulterated or spurious drug and punishable under clauses (a) and (c) of sub-section (1) of section 13, clause (a) of sub-section (2) of section 13, sub-section (3) of section 22, clauses (a) and (c) of section 27, section 28, section 28A, section 28B and sub-sections (1) and (2) of section 30 and other offences relating to adulterated drugs or spurious drugs, shall be cognizable.
(b) no person accused, of an offence punishable under clauses (a) and (c) of sub-section (1) of section 13, clause (a) of sub-section (2) of section 13, sub-section (3) of section 22, clauses (a) and (c) of section 27, section 28, section 28A, section 28B and sub-sections (1) and (2) of section 30 and other offences relating to adulterated drugs or spurious drugs, shall be released on bail or on his own bond unless—
(i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and
(ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail:
Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, may be released on bail, if the Special Court so directs.
(2) The limitation on granting of bail specified in clause (b) of sub-section (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.
(3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to “Magistrate” in that section includes also a reference to a “Special Court” designated under section 36AB.]
Rajendra K Goyal
(Expert) 13 October 2017
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