The KERALA DRUGS AND OTHER STORES (UNLAWFUL POSSESSION) ACT, 1971

102 
THE KERALA DRUGS AND OTHER STORES (UNLAWFUL 
POSSESSION) ACT, 1971 
Preamble. 
Sections 
(Act 17 of 1971) 
CONTENTS 
1. Short title, e:xtent and commencement. 
2 !Jefimtwns. 
3 
4 
Unlawful possesswn of drugs or other stores. 
Inspectors 
5. Powers of Inspectors 
6. Procedure 
7. Disposal of drugs or other stores on acquittal. 
8. Cognizance of offences 
Offences by compames. 9 
10. lndemmty. 
11. Savmgs 
THE KERALA DRUGS AND OTHER STORES 
(UNLAWFUL POSSESSION) ACT, 1971"' 
(Act 17 of 1971) 
An Act to provide for the punishment of the offence of unlaw­
ful possession of drugs and other stores belonging to the 
Health Department, the Animal Husbandry Depart­
ment or the Department of the Indigenous 
Medicine of the Government of Kerala 
Preamble.-WHEREAS it IS expedient to provide for the 
pumshment of the offence of unlawful possessiOn of drugs and 
other stores belongmg to the Health Department, the Arumal 
Husbandry Department or the Department ot the Ind1genous 
Med1cme of the Government of Kerala ~ 
BE 1t enacted m the Twenty-second Year of the Republic 
of Ind1a as follows.-
• • Published m the G lZette Extraordmary No. 261, dated 29th 
May, 1971. 
103 
1 Short title, extent and commencement.-(1) Thts Act 
may be called thE' Kerala Drugs and other Stores (Unlawful 
Fossesswn) Act, 1971. 
(2) It extends to the whole of the State of Kerala. 
(3) It shall be deemed to have come into force on the 
2nd day of December, 1970. 
2 Definitions.-In this Act, unless the context otherwise 
reqUires,-
( a) 'drug' includes-
(!) all medtcmes for mternal or external use of humdn 
bemgs or ammals and all substances mtended to be used for 
or m the dtagnosts, treatment, mitigation or preventwn of dts­
ease m human bemgs or ammals , and 
(n) such substances (other than food) mlended to affect 
the strueture or any functwn of the human body or mtended 
to be used for the destructiOn of vermm or msects which 
cause dtsease m human bemgs or ammals as may be specified 
from time to t1me by the Government by nohficatwn m the 
gazette and mclude such substances which have been specifi­
ed by the Central Government under sub-clause (u) of clause 
(b) of sectwn 3 of the Drugs and Cosmetics Act, 1940 (Central 
Act 23 of 1940) before the commencement of th1s Act. 
(b) "Health Department" means the Health Services 
Department of the Government of Kerala and mcludes all 
medical mstttutwns attached to the Government Medtcal Col­
leges m the State. 
(c) "Inspector" means an Inspector appointed under 
!:;eCtlOn 4. 
(d) "Other stores" mcludes arttcles of lmen, mstruments 
or appliances acquired by the Health Department, the Ammal 
Husbandry Department or the Department of Indigenous 
Medtcme of the Government of Kerala and havmg such seal 
or mark as may be notified by the Government m this behalf 
mdicating that they belong to the Health Departmen't, the 
Ammal Husbandry Department or the Department of Indi­
penous Medicme of the Government of Kerala 
3 Unlawful possession of drugs or other stores.-1£ any 
person IS found or 1s proved to have been m possessiOn of-
• (a) any drug havmg any seal or mark on 1t or on 
packages or containers thereof mdicatmg that 1t belong.;; to 
104 
the Health Department, the Ammal Husbandry Depar,ment 
or the Department of Indigenous Medtcme of the Govern­
ment of Kerala, or havmg such seal or mark removed, de­
raced or m any manner tampered With, or 
(b) other stores mcludmg such stores the seal or mark 
over whtch has been removed, defaced or m any manner 
tampered wtth, 
and whtch ts or are reasonably suspected of bemg stolen or 
unlawfully obtained, such person shall, tf he cannot account 
satisfactonly as to how he came mto possessiOn thereof, be 
puniShed with ImpriSonment for a term whtch shall not be less 
than stx months but whtch may extend to two years and wtth 
fine which shall not be less than one thousand rupees 
Provided that the court may for any adequate and specw.l 
reasons to be mentwned in the Judgment, 1mpose a sentence 
of Impnsonment for a term of less than SIX months or of 
fine of less than one thousand rupees or of both Impnsonment 
for a term of less than six months and fine of less than one 
thousand rupees. 
4. Inspectors.-The Government may. by notificatiOn m 
the Gazette, appomt such persons not below the rank of a 
Sub Inspector of :pollee or an Inspector appomted under 
<;ectwn 21 of the Drugs and Cosmetics Act, 1940 (Central Act 
23 of 1940) to be Inspectors for the purposes of this Act and 
may assign to them such local limits as It may thmk fit 
5 Powers of Inspectors.-(1) An Inspector may, withm 
the local limits of the area for which he IS appomted-
(a) enter and search With such assistance as he con­
Siders necessary, any place m which he has reason to believe 
that an offence under this Act has been committed or IS bemg 
r:ommitted and may seize such drugs or other stores which 
may furmsh evidence thereof ; 
(b) may examme any record, register, documents or 
f)ther matenal obJect found m any place mentiOned m clause 
(a) and seize the same, If he has reason to belteve that It may 
furmsh evidence of the commissiOn of an offence pumshable 
under this Act. 
(2) The provisions of the Code of Crimmal Procedure, 
1898 {Central Act 5 of 1898), shall, so far as may be ap»JlY 
to any search or seizure under this Act as they apply to any 
~-
) 
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search or seizure made under the authonty of a warrant is~u­
ed under sectwn 98 of the sa1d Code 
(3) If any person wilfully obstructs an Inspector m the 
exercJse of the powers conferred upon him by or under thiS 
Act, he shall be pumshable wJth 1mpnsonment for a term 
which shall not be less than SIX months but which may extend 
to two years and with fine which shall not be less than one 
thousand rupees : 
Provided that the Court may for any adequate and special 
'·easons to be mentwned m the JUdgment Impose a sentence 
of Impnsonment for a term ot less than SIX months or of 
fine o( less than one thousand rupees or of both Impnsonment 
lor c1 term of less than six months and fine of less than one 
thousand rupees. 
6 Procedure.- Where an Inspector seizes any drug· or 
other stores or any record, regJster, document .or any other 
matenal obJect under sectiOn 5, he shall, Withm twenty-four 
hours of such seizure produce them before a Magistrate havmg 
JUnsdiction over the area and take his orders as to the custody 
thereof 
7. Disposal of drugs or other stores on acquittal.-When 
any person has been acqUitted m respect of an offence punish­
able under this Act and It is found that the drugs or other 
stores produced before the court bear any seal or mark as 
specified m sectiOn 3 or It JS found that such seal or mark 
removed, defaced, or m any manner tampered With, the Court 
.nay make an order directmg delivery of such drugs or other 
stores to that Department of the Government to whtch they 
belong 
8 Cognizance of offences.-(1) No court shall take cog­
.uzance of any offence pumshable under this Act except upon 
a complaint made by an Inspector appomted under this Act. 
(2) No court Infenor to that of a Magistrate of the 
First Class shall try any offence pumshable under this Act 
<) Offences by companies.-Where an offence under th1s 
Act has been committed by a company, every officer of the 
company, who at the time the offence was committed, was m 
.::huge of, and was respons1ble to the company for the con­
duct of the business of the company, shall be deemed to be 
106 
guilty of the offence and shall be liable to be proceeded 
against and pumshed accordmgly 
Explanation.-For the purposes of thts sectwn-
(a) "company" means any body corporate and mcludes 
a firm, a co-operative soctety or other assoctatwn of 
mdtvtduals; ..... 
(b) "dtrec.tor" m relation to a firm means a partner m 
the firm, 
(c) "officer of the company" means the Managmg 
Dtreatorr, Dtrector~. Managmg Agent, Secretary, Treasurer or 
Manager of the Company and mcludes the office bearers of a 
firm, co-operattve soctety or other assoctatwn of mdtvtduals. 
10 Indemnity.-No smt, prosecution or other legal pro­
r.eedmgs shall lie agamst any person for anythmg whtch IS, 
m good faith, done or mtended to be done under thts Act 
11 Savings.-Notwtthstanding the exptry of the Kerala 
Drugs (Unlawful PossessiOn) Ordmance, 1970 (19 of 1970)-
(a) anythmg done or any actwn taken m exercise of 
any powers conferred by or under the said Ordmance shall be ""f. 
1leemed to have been done or taken m exerc1se of the powers 9 
conferred by or under the correspondmg proviswn of th1s 
Act; 
(b) anythmg done or any action taken after such 
expiry and before the date of publication of this Act m the 
Gazette wh1ch could have been done or taken under the said 
Ordmance 1f 1t had not exp1red, shall be deemed to have been 
done or taken under th1s Act ; or 
(c) any mvestigatwn, legal proceedmgs, or remedy 
which could have been mstit:uted, contmued or enforced under 
the satd Ordmance If 1t had not exp1red, may be mst1tuted, 
continued or enforced under the corresponding proviswn of 
th1s Act. 
(2) The expiry of the Kerala Drugs (Unlawful Possesswn) 
Ordmance, 1970 shall not- J.-
1 
(a) affect any right, priv1lege, obligation or liab1hty 
acquired, accrued or mcurred under the sa1d Ordmance , or 
' 
(b) affect any penalty or pumshment incurred in Pes-
pect of any offence committed under the said ordmance; or 
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(c) affect any mvesttgatiOn, legal proceedmgs or 
remedy m respect of any such nghl, pnvllege, obhgahon, 
ltabthty, penalty, or pumshment, and any such mvesttgat10n, 
legal proceedmgs or remedy may be mshtuted, contmued or 
enforced, and any such penalty or punishment may be tm­
! osed under the provtsiOns of thts Act 
(3) Notwtthstandmg anythmg contamed m thts Act, no 
person shall be convtcled of any offence under thts Act for 
havmg commttled the same after the 22nd Apnl, 1971, and 
l'efore the date of publication of th1s Act m the Gazette . 
• 

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