Poison Act 1919 In Pharmaceutical Jurisprudence
What Is Poison :-
It is a substance that can cause harmful effect and cause death or serious problem to you , if you eat it or drink it.
Certain drugs and chemical may be poisonous to human being and animals. A pharmacist has to exercise care in dealing with poison specifically in dispensing practice.
Poison act 1919 was passed in 3rd September 1919 with the object of consolidating and amending the laws regulated the import , possession and sale of poison.
Poison act in India extended to the whole of india but in Jammu and Kashmir the rule related to only import of poisons.
The act empower the Central Government to regulate the import of poison into India.
Import of Poison:-
Import of any particular poison Into India may be prohibited by Central Government but it can make the rule and allow such import under a license.
Possession and Sale of Poisons.
State government may make rules to regulate the possession and sale of any specific poison within whole or part of state.
These rules may provide for
1. Grant of license to possess any specific poison for wholesale or retail and fixing of license fee.
2. Classes of person to whom such license can be granted and to whom such poison may be sold.
3. Maximum quantity of a poison which may be sold to any person.
4. Safe custody of such poison and labelling of vessel , package or covering in which such poison is sold or kept for sale.
5. Maintenance of sale register and their inspection.
6. Inspection and examination of any such poison when posses for sale by any vendor.
State government may also make rules to regulate possession of any specific poison in any local area in which such poison is frequently used in committing murder or poisoning the cattle. State government can also make breach of such rule punishable with imprisonment above one year or fine more than Rs 1000 or both.
Penalities :-
Import , possession or sale of any poison except as prescribed under the act is punishable with imprisoned upto 3 month or fine hoti rs 500 or both on first conviction and on subsequent conviction imprisonment upto 6 month or fine upto Rs 1000 or both. Poison in respect of which an offence has been committed.
Issue Of Warrant :-
District Magistrate or Commissioner Of Police may issue a warrant for the search of any place in which he has reason to believe that any poison is possessed or sold in contravention of the act.
Rules :-
State government may make additional rule to carry out the purpose and object of this act. This rule should be published in the Official Gazette.
Saving :-
Nothing in the act applies to anything done in good faith in the exercise of his profession by a medical or Registered Practitioner. The authorities empowered to make rules under the Act, may exempt any class of person , either partially or wholly from the scope of the rules in respect of any poison specified in such order.
State Government may also exempt any articles of commerce or any poison or class of poison from any of the provision of this Act (except import).
CONCLUSION
Poison act 1919 was passed in 3rd September 1919 with the object of consolidating and amending the laws regulated the import , possession and sale of poison. Poison act extended to the whole of india but in Jammu and Kashmir the rule related to only import of poisons. The act empower the Central Government to regulate the import of poison into IndiaImport of any particular poison Into India may be prohibited by Central Government but it can make the rule and allow such import under a license. Possession and Sale of Poisons State government may make rules to regulate the possession and sale of any specific poison within whole or part of state. Safe custody of such poison and labelling of vessel , package or covering in which such poison is sold or kept for sale.5. State government may also make rules to regulate possession of any specific poison in any local area in which such poison is frequently used in committing murder or poisoning the cattle. Issue Of Warrant District Magistrate or Commissioner Of Police may issue a warrant for the search of any place in which he has reason to believe that any poison is possessed or sold in contravention of the act. Rules State government may make additional rule to carry out the purpose and object of this act. The authorities empowered to make rules under the Act, may exempt any class of person , either partially or wholly from the scope of the rules in respect of any poison specified in such order. State Government may also exempt any articles of commerce or any poison or class of poison from any of the provision of this Act.
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