Section 33K of the Drugs and Cosmetics Act 1940 - Confiscation
Section 33K forms part of Chapter IVA of the Drugs and Cosmetics Act, 1940, which deals with Ayurvedic, Siddha and Unani drugs. It provides for confiscation of the relevant stock when a person has been convicted under that Chapter.
Text of Section 33K - Confiscation
33K. Confiscation. Where any person has been convicted under this Chapter, the stock of the Ayurvedic, Siddha or Unani drug, in respect of which the contravention has been made, shall be liable to confiscation.
Meaning and scope of Section 33K
The provision links confiscation to a conviction under Chapter IVA. The property made liable to confiscation is the stock of the Ayurvedic, Siddha or Unani drug to which the proved contravention relates. Accordingly, Section 33K is a statutory consequence directed at the offending drug stock; it should be read with the particular Chapter IVA provision under which the conviction is recorded.
When can confiscation arise?
On the wording of Section 33K, three elements are central: there must be a conviction under Chapter IVA; the case must concern an Ayurvedic, Siddha or Unani drug; and the stock sought to be confiscated must be the stock in respect of which the contravention was committed.
Related provisions
Section 33I prescribes penalties for specified contraventions concerning Ayurvedic, Siddha or Unani drugs, while Section 33J deals with subsequent offences. Section 33L applies Chapter IVA to Government departments but expressly excludes Section 33K.
Legislative note
The expression referring to "Ayurvedic, Siddha or Unani" drugs reflects the substitution made by the Drugs and Cosmetics (Amendment) Act, 1982 (Act 68 of 1982), with effect from 1 February 1983.