Section 32 of The Drugs and Cosmetics Act, 1940 in hindi
1 [(1) No prosecution under this Chapter shall be instituted except by--
- (a)an Inspector; or
- (b)any gazetted officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government or a State Government or 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 Session 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.
Summary
- Legal cases for drug and cosmetic law violations can only be started by specific authorized people or groups.
- Drug Inspectors and government officers who have written authorization from the Central or State government are allowed to file these cases.
- A person who is personally harmed by a drug or cosmetic can start their own prosecution.
- Registered consumer groups are permitted to take legal action whether or not the person harmed is a member of that group.
- Only higher level courts, called the Court of Session, have the authority to hear and decide these trials.
- Being prosecuted under this specific law does not prevent a person from being charged under other laws for the same actions.
Practical examples
FAQ
1. Who can legally file a case under Section 32 of The Drugs and Cosmetics Act, 1940?
Under Section 32 of The Drugs and Cosmetics Act, 1940, only a Drug Inspector, an authorized government officer, the person harmed, or a recognized consumer association can start a case.
2. Which court is responsible for trying drug offences according to Section 32 of the Health law?
According to Section 32 of the Drugs and Cosmetics Act, no court lower than a Court of Session is allowed to try offences punishable under that chapter.
3. Can a person be punished twice for the same act under Section 32 of the Drugs and Cosmetics Act?
Section 32 of the Drugs and Cosmetics Act states that this law does not stop a person from being prosecuted under any other law for the same act or omission.
Test yourself
Q1.Under Section 32 of the Drugs and Cosmetics Act, 1940, which of the following groups is authorized to start a prosecution?
Q2.What is the lowest level of court that can try an offence under Chapter IV according to Section 32 of the Drugs and Cosmetics Act?
Q3.If a Drug Inspector starts a case under Section 32 of the Drugs and Cosmetics Act, what does the law say about other legal proceedings?
Q4.Under Section 32 of the Drugs and Cosmetics Act, what requirement must a government officer meet to file a case?