Discuss the penalty for manufacturing and sale of drug in contravention of drug & cosmetics act 1940

The Drugs and Cosmetics Act, 1940 (DCA) in India prescribes various penalties for manufacturing and selling drugs in contravention of its provisions.

Offence

Penalty

Adulterated or Spurious Drugs with Toxic Substances

Minimum 5 years imprisonment which may be extend up to life. Fine of Minimum R.s 10000 for the 1st Contravention.

For subsequent contravention, 10 years imprisonment and fine of minimum 20000.

 

Adulterated Formulation but Not containing Toxic Substances

Imprisonment 1 – 3 Years, Fine minimum 5000, on 1st contravention.

Imprisonment for 2 – 4 Years, fine minimum 10000 on subsequent contravention.

Drug Manufactured without License.

Imprisonment 1 – 3 Years, Fine minimum 5000, on 1st contravention.

Imprisonment for 2 – 4 Years, fine minimum 10000 on subsequent contravention.

Not dislocating the place of Manufacture

Imprisonment upto 3 years and fine of Rs. 1000 or both.

Not Keeping Records

Imprisonment upto 3 years and fine of Rs. 1000 or both.

Misbranded Drugs

Imprisonment for up to 2 years and a fine of Rs. 5,000.

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