THE DRUGS (CONTROL) ACT, 1950

An Act to provide for the control of the sale, supply and distribution of drugs.
Be it enacted by Parliament as follows: ?
1. Short title an e!tent. " (1)This Act may be called the Drugs(Control) Act 1!"#
($) %t e&tends to the territories which immediately before the %st 'o(ember 1!") were com*rised
in Part C states+
#. $nter%retation. " (1) %n this Act unless the conte&t otherwise re,uires ?
(a) ?dealer? means a *erson carrying on either *ersonally or through any other *erson the
business of selling any drugs whether wholesale or retail-
(b) ?drug? means any durg as defined in Clause (b) of .ection / of the Drugs and Cosmetics Act
1!0#($/ of 1!0#) in res*ect of which a declaration has been made under .ection /-
(c) ?offer for sale? includes a reference to an intimation by a *erson of the *rice *ro*osed by him
for a sale of any drug made by the *ublication of a *rice listby e&*osing the dug for sale in
association with a mar1 indicating *riceby the furnishing of a ,uotation or otherwise howsoe(er-
(d) ?producer? *roducer includes a manufacturer+
(12A) As from the %st 'o(ember 1!") any reference in this Act to the Central 3o(ernment or the
Chief Commissioner shall in relation to the territories which immediately before the %st 'o(ember
1!") were com*rised in the Part C .tate of A4mer or Bho*al and 5indhya Pradesh or Coorg or
6utch be construed as a reference to the .tate 3o(ernment of 7a4asthan or 8adhya Pradesh or
8ysore or Bombay as the case may be+
($) A drug shall be deemed to be in the *ossession of a *erson ?
(i) when it is held on behalf of that *erson by *erson or when held by that *erson behalf of
another *erson-
(ii) notwithstanding that it is mortgaged to another *erson+
&. Dr'() to *hi+h thi) A+t a%%lie). " The Central 3o(ernment may by notification in official
3a9ettedeclare any drug to be a drug to which this Act a**lies+
,. -i!in( o. /a!i/'/ %ri+e) an /a!i/'/ 0'antitie) *hi+h /a1 2e hel or )ol. " (1) The
Chief Commissioner mayby notification in the official 3a9ette fi& in res*ect of any drug ?
(a) the ma&imum *rice or rate which may be charged by a dealer or *roducer-
(b) the ma&imum ,uantity which may at any one time be *ossessed by a dealer or *roducer-
(c) the ma&imum ,uantity which may in any one transaction be sold to any *erson+
($) The *rices or rates and the ,uantities fi&ed in res*ect of any drug under this section may be
different in different localities or for different classes of dealers or *roducers+
5. Re)tri+tion) on )ale, et+., *here /a!i/'/ i) .i!e 'ner Se+tion. " 'o dealer or *roducer
shall ?
(a) sell agree to sell offer for sale or otherwise dis*ose of to any *erson any drug for a *rice or
at a rate e&ceeding the ma&imum fi&ed by notification under Clause(a) of sub2section (1) of
.ection 0-
(b) ha(e in his *ossession at any one time a ,uantity of any drug e&ceeding the ma&imum fi&ed
by notification under Clause (b) of sub2section (1) of .ection 0- or
(c) sell agree to sell or offer for sale to any *erson in any one transaction a ,uantity of any drug
e&ceeding the ma&imum fi&ed by notification under Clause(c) of sub2section (1) of .ection 0+
3. General li/itation on 0'antit1 *hi+h /a1 2e %o))e))e at an1 one ti/e. " ?(1) 'o *erson
shall ha(e in his *ossession at any one time a greater ,uantity of any drug to which this section
a**lies than the ,uantity necessary for his reasonable needs+
($) This section shall a**ly only to such drugs as the Chief Commissioner may by order
*ublished in the official 3a9ettes*ecify for the *ur*ose:
Pro(ided that nothing contained in this section shall a**ly to a dealer or *roducer in res*ect of
any drug sold or *roduced by him+
4. D't1 to e+lare %o))e))ion o. e!+e)) )to+5). " Any *erson ha(ing in his *ossession a
,uantity of any drug e&ceeding that *ermitted by or under this Act shall forthwith re*ort the fact to
the Chief Commissioner or other :fficer em*owered in this behalf by the Chief Commissioner
and shall ta1e such action as to be storagedistribution or dis*osal of the e&cess ,uantity as the
Chief Commissioner may direct+
6. Re.')al to )ell. " 'o dealer or *roducer shall unless *re(iously authorised to do so by the
Chief Commissioner without sufficient cause refuse to sell to any *erson any drug within the
limits as to ,uantityif anyim*osed by this Act+
Explanation. ? The *ossibility or e&*ectation of obtaining a higher *rice for a drug at a later date
shall not be deemed to be a sufficient cause for the *ur*ose of this section+
9. Ca)h /e/oran'/ to 2e (i7en o. +ertain )ale). " (1) ;(ery dealer or *roducer when
selling any drug for cash shall if the amount of the *urchase in fi(e ru*ees or more in all cases
and if the amount of the *urchase is less than fi(e ru*eeswhen so re,uested by the *urchaser
gi(e to the *urchaser a cash memorandum containing *articulars of the transaction+
($) The Chief Commissioner may by notification in the official 3a9ette *rescribe the *articulars to
be contained in any such cash memorandum+
(/) The Chief Commissioner may be notification in the official 3a9ette e&em*t s*ecified areas
classes of dealers or *roducersor classes of drugs from the o*eration of this section+
10. 8ar5in( o. %ri+e) an e!hi2itin( li)t o. %ri+e) an )to+5). " (1) The Chief Commissioner
may direct dealers or *roducers in general or any dealer or *roducer in *articular to mar1 any
drug e&*osed or intended for sale with the sale *rices or to e&hibit on the *remises a *rice list of
drugs held? for sale and the ,uantities of such drugs in his *ossession and may further gi(e
directions as to the manner in which any such direction as aforesaid is to be carried out+
($) 'o dealer shall destroy efface or alter or cause to be destroyed effaced or altered any label
or mar1 affi&ed to a drug and indicating the *rice mar1ed by a *roducer+
11. O2li(ation to )tate %ri+e )e%aratel1 on +o/%o)ite o..er. " <here a dealer or *roducer
ma1es an offer to enter into a transaction for a consideration to be gi(en as whole in res*ect both
of a sale of any drug and of some other matter the dealer or *roducer ma1ing the offer shall state
in writing the *rice which he assigns to that drug if he is re,uired to do so by any *erson to whom
the offer is made and the offer shall be deemed for the *ur*oses of the Act to be an offer to sell
that drug at the *rice so stated+
1#. 9rohi2ition or re('lation o. the i)%o)al o. r'(). " %f in the o*inion of the Chief
Commissioner it is necessary or e&*edient so to do he may be order in writing ?
(a) *rohibit the dis*osal of any drug e&ce*t in such circumstances and under such conditions as
may be s*ecified in the order-
(b) direct the sale of any drug to any such dealer or class or dealers and in such ,uantities as
may be s*ecified in the order- and ma1e such further orders as a**ear to him to be necessary or
e&*edient in connection with any order issued under this section+
1&. 9enaltie). " (1) <hoe(er contra(enes any of the *ro(isions of this Act or fails to com*ly with
any direction made under authority conferred by this Act shall be *unishable with im*risonment
for a term which may e&tend to three years or with fine or with both+
($) A Court con(icting any *erson of an offence *unishable under this Act may order that the
whole or any *art of the stoc1 of drugs in res*ect of which the offence was committed shall be
forfeited to the 3o(ernment+
(/) %t shall be defence for a *erson charged with a contra(ention of any of the *ro(isions of this
section to *ro(e that in relation to the matter in res*ect of which he is charged he acted in the
course of his em*loyment as ser(ant or agent of another *erson on the instructions of his
em*loyer or of some other s*ecified *erson+
1,. O..en+e) 21 +or%oration). " <here a *erson committing an offence *unishable under this
Act is a com*any or an association or a body of *ersons whether incor*orated or not e(ery
director manager secretary agent or other officer or *erson concerned with the management
thereof shall unless he *ro(es that the offence was committed without his 1nowledge or that he
has e&ercised all due diligence to *re(ent its commission be deemed to be guilty of such offence+
15. 9ro+e're. " (1) 'o *erson other than a *olice officer of or abo(e the ran1 of an %ns*ector of
Police or an officer not below the ran1 of an %ns*ector of Police authorised in this behalf by the
Central 3o(ernment by notification in the official 3a9ette shall in(estigate any offence under this
Act+
($) 'o *rosecution for any offence *unishable under this Act shall be instituted e&ce*t with the
*re(ious sanction of the district 8agistrate+
13. 9o*er) o. )ear+h an )ei:'re. " Any *erson com*etent to in(estigate any offence under
this Act may search any *lace in which he has reason to belie(e that an offence under this Act
has been or in being committed and ta1e *ossession of any stoc1 of drugs in res*ect of which
the offence has been or is being committed and the *ro(isions of the Code of Criminal Procedure
1=!=(" of 1=!=) shall so far as may be a**licable a**ly to any search or sei9ure under this Act
as they a**ly to any search or sei9ure made under the authority of a warrant issued under
.ection != of that Code+
14. 9o*er to /a5e r'le). " (1) The Central 3o(ernment may ma1e rules to carry out the
*ur*oses of this Act+
($) %n *articular and without *re4udice to the generality of forgoing *ower such rules may *ro(ide
for all or any of the following matters namely ?
(a) the maintenance by dealers and *roducers generallyor by any dealer or *roducer in
*articular of records of all sale and *urchase transactions made by them-
(b) the furnishing of any such information as may be re,uired with res*ect to the business carried
on by any dealer or *roducer-
(c) the ins*ection of any boo1s of account or other document belonging to or under the control of
any dealer or *roducer+
16. 9rote+tion o. a+tion in (oo .aith. " 'o suit *rosecution or other legal *roceeding shall lie
against any *erson for anything in good faith done or intended to be done under this Act+
19. Sa7in( o. other la*). " The *ro(isions of this Act shall be in addition to and not in
derogation of any other law for the time being inforce regulating any of the matters dealt with in
this Act+
#0." ;< < < Re%eale=.