THE BOMBAY DRUGS (CONTROL) ACT, 1959.

8. Sale on Account of Another (Section 15)

• If a notified drug is sold/possessed/transported by a person on account of another, and the principal knows or has reason to believe the transaction is on his account, both are liable for offences.

9. Exemption for Samples (Section 16)

• Bona fide chemists, druggists, and manufacturers may sell, possess, or transport notified drugs in prescribed sample quantities without complying with Act provisions.

10. Sale Memoranda (Section 17)

• Every dealer must:
  • Give the purchaser a sale memorandum with particulars.
  • Obtain the purchaser's signature on the counterfoil.
  • Prescribed particulars include purchaser's name, address, quantity, drug name, etc.

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  Enforcement and Penalties

  1. Inspectors (Section 26)

  • The Commissioner may appoint Inspectors with defined local limits.
  • No offence under this Act may be investigated except by an Inspector.

  2. Powers of Search and Seizure (Sections 28-30)

  • Inspectors (Section 28): May:

    • Enter and search any place where an offence is reasonably believed to have been or is being committed.
    • Seize notified drugs, documents, or articles liable to confiscation or furnishing evidence.
    • Detain and search any person reasonably believed to have committed an offence.

    • Authorised Persons (Section 29): May:

      • Seize notified drugs or things liable to confiscation in open places or in transit.
      • Detain and search persons reasonably believed to have committed offences; seize drugs in their possession.

      • Procedure (Section 30): Provisions of the Code of Criminal Procedure, 1898, apply to searches and seizures as they apply to warrants issued under Section 98 of that Code.

        3. Inspection of Licensed Premises (Section 31)

        • Commissioner/Collector/authorised officer may:
          • Require dealers to produce licences.
          • Enter and inspect shops/premises storing or selling notified drugs at any time (day or night).
          • Examine, test, measure, or weigh stock; take samples on payment.
          • Seize stock involved in wilful offences and report to official superiors.

          4. Penalties (Section 21)

          Offence Type	Imprisonment	Fine	Mandatory Minimum (unless special reasons)
          First Offence	Up to 1 year	Up to ₹1,000	Imprisonment: ≥3 months; Fine: ≥₹500
          Second Offence	Up to 2 years	Up to ₹2,000	Imprisonment: ≥6 months; Fine: ≥₹1,000
          Third/Subsequent Offence	Up to 3 years	Up to ₹5,000	Imprisonment: ≥1 year; Fine: ≥₹2,500

          • Licence-holder Liability (Section 21(2)):

            • If a licence/permit/pass holder or his servant/agent breaches terms and conditions, the holder is punishable with imprisonment up to 6 months OR fine up to ₹500 OR both, unless he proves all due and reasonable precautions were exercised.
            • The person committing the breach (whether with or without the holder's permission) is liable to the same punishment.

            • Offences by Companies (Section 22):

              • The company and every person in charge of its business are deemed guilty, unless the person proves the offence was without his knowledge or he exercised due diligence.
              • Directors/managers/secretaries/officers are also liable if the offence was committed with their consent, connivance, or due to their neglect.

              5. Enhanced Magistrate Powers (Section 23)

              • Presidency Magistrates or First Class Magistrates specially empowered by State Government may impose sentences under Section 21 exceeding their powers under Section 32 of the Code of Criminal Procedure, 1898.

              6. Confiscation (Sections 24-25)

              Liable to Confiscation:

              • Notified drug in respect of which the offence was committed.
              • Notified drugs lawfully transported or in the offender's possession along with the offence-related drug.
              • Receptacles, packages, coverings, and contents; animals, carts, vessels, or conveyances used in carrying such drugs.

              Confiscation Procedure:

              • By Court (Section 25(1)): After trial, the Court may order confiscation or, for non-drug articles, give the owner an option to pay a fine in lieu of confiscation.

                • Animal/conveyance exemption: Not confiscated if the owner proves due care was exercised.

                • By Commissioner/Collector/Officer (Section 25(2)): If offender unknown/not found, or things seized, the officer may inquire and order confiscation.

                  • Must wait one month from seizure date; must hear claimants and their evidence before ordering confiscation.

                  • Perishable/Sale-worthy Articles (Section 25(3)): Court/officer may order sale; confiscation provisions apply to net proceeds. If liable to speedy decay, may be destroyed if expedient.

                    7. Prosecution Sanction (Section 27)

                    • No prosecution may be instituted except with the prior sanction of:
                      • Commissioner of Police (in any area for which a Commissioner of Police is appointed)
                      • District Magistrate (elsewhere)

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                      Procedural Safeguards

                      1. Appeals (Section 32)

                      • From Officers (other than Collector/Commissioner): To the Collector, within 60 days.
                      • From Collector: To the Commissioner, within 90 days.
                      • From Commissioner: To the State Government, within 90 days.
                      • No appeal lies against Commissioner's order passed on appeal.

                      2. Revision (Section 33)

                      • State Government may call for and examine records of any proceedings under this Act to satisfy itself as to correctness, legality, or propriety of any order.
                      • May annul, reverse, modify, confirm, or pass such other order as it deems fit.

                      3. Bar of Proceedings (Section 34)

                      • No suit or proceeding lies against the Government or any officer or empowered person for anything in good faith done or purporting to be done under this Act.

                      4. Punishment for Vexatious Conduct (Section 35)

                      • Inspector/authorised person who, without reasonable grounds:
                        • Enters/searches building, vessel, or place,
                        • Vexatiously seizes property,
                        • Vexatiously detains or searches a person
                          is punishable with fine up to ₹500.

                        5. Limitation of Prosecution/Suits (Section 36)

                        • Prosecutions or actions against officers/empowered persons: Must be instituted within 4 months of the act complained of.
                        • Action dismissed if:
                          • Plaintiff did not first present all appeals/revisions allowed by law within the 4-month period.
                          • Tender of sufficient amends was made before action was brought, or sufficient money paid into Court with costs after institution.

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                          State Government Powers

                          1. General Powers (Section 37)

                          State Government may, by general or special order:

                          • (a) Exempt any person/class/institution from all or any provisions of the Act or rules/orders, subject to conditions.
                          • (b) Prescribe the number of places at which any notified drug may be sold in any area.
                          • (c) Prescribe procedure for granting licences/passes/permits.
                          • (d) Specify persons/classes to whom licences/permits/passes may or may not be granted.
                          • (e) Issue instructions on grant or otherwise of licences/permits/passes.
                          • (f) Prohibit disposal of any notified drug except in specified circumstances and conditions.
                          • (g) Direct sale of any notified drug to any dealer/class of dealers in specified quantities.
                          • (h) Issue further directions necessary or expedient in connection with any order under this section.

                          2. Delegation (Section 38)

                          • State Government may, by notification, direct that any power exercisable by it or by the Commissioner/Collector be exercisable also by any specially empowered officer, subject to specified conditions.

                          3. Rule-Making Power (Section 40)

                          State Government may make rules to carry out the purposes of this Act, including:

                          • Maintenance and preservation of prescriptions and records; period of preservation (Section 11).
                          • Quantity of notified drug for samples (Section 16).
                          • Particulars in sale memoranda (Section 17).
                          • Manner and conditions for taking samples; procedure (Section 31).
                          • Procedure for deciding appeals (Section 32).
                          • Number of places for sale of notified drugs; procedure for granting licences/permits/passes.
                          • Forms of licences/permits/passes; terms and conditions; application forms; fees payable.
                          • Maintenance and preservation by dealers of records, accounts, and stock registers.
                          • Furnishing of information by dealers/medical practitioners.
                          • Accounts to be maintained and returns to be submitted by licence/pass/permit holders and medical practitioners.
                          • Inspection of books of accounts and documents.
                          • Regulation or prohibition of transfer of licences.
                          • Requiring entry of names, addresses, and signatures of purchasers in sale registers.
                          • Disposal of confiscated articles.
                          • Any other matter to be or may be prescribed.

                          Rules Subject to Legislative Scrutiny: All rules must be laid before each House of the State Legislature for not less than 30 days; subject to modifications by the Legislature during the session or the immediately following session.

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                          Exemption for Government Drugs (Section 39)

                          • Provisions of this Act do not apply to notified drugs which are the property of, and in the possession of or on behalf of, Government.
                          • Proviso: Such drugs may not be sold or delivered to any person who is not entitled to their possession under this Act or rules/orders.

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                          Repeal and Savings (Section 41)

                          Repealed Laws: On commencement of this Act, the following laws stood repealed:

                          • Bombay Drugs (Control) Act, 1952
                          • Central Provinces and Berar Drugs (Control) Act, 1949
                          • Saurashtra Drugs (Control) Ordinance, 1949
                          • Drugs (Control) Act, 1950 (in its application to the Kutch area of the State of Bombay)

                          Savings:

                          • Previous operation of repealed laws, anything done or suffered, rights, privileges, obligations, liabilities, penalties, forfeitures, punishments, investigations, legal proceedings, or remedies are not affected.
                          • Investigations, legal proceedings, remedies, and punishments may be continued and enforced as if this Act had not been passed.
                          • Anything done or action taken (appointments, notifications, orders, rules, forms, cash memoranda) under repealed laws, if not inconsistent with this Act, shall be deemed to have been done under this Act and shall continue in force until superseded.

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                          Saving of Other Laws (Section 42)

                          • Provisions of this Act are in addition to, and not in derogation of, any other law for the time being in force relating to matters dealt with in this Act.
                          • The Act does not override or conflict with other relevant laws.

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                          Significance

                          The Bombay Drugs (Control) Act, 1959 establishes a comprehensive regulatory framework for controlling drugs that may be injurious to health, distinct from the intoxicant-focused Bombay Prohibition Act, 1949. It empowers the Commissioner of Prohibition and Excise (also responsible for BPA enforcement) to administer this Act, ensuring coordinated control over both intoxicating liquor and potentially harmful drugs.

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                          Note: This is the full text of substantive legislation, not a fee revision or rule amendment notification under the Bombay Prohibition Act, 1949. For BPA fee revisions, see separate Part 4-B gazettes notifying amendments to the Maharashtra Country Liquor Rules, Maharashtra Foreign Liquor Rules, or Maharashtra Beer Rules.