Section 33M of the Drugs and Cosmetics Act 1940 - Cognizance of Offences
Section 33M regulates the institution and trial of prosecutions for offences under Chapter IVA of the Drugs and Cosmetics Act, 1940, the Chapter dealing with Ayurvedic, Siddha and Unani drugs.
A prosecution under Chapter IVA must be instituted by an Inspector and requires the previous sanction of the authority specified under Section 33G(4). An offence punishable under the Chapter cannot be tried by a court below the level of a Metropolitan Magistrate or a Judicial Magistrate of the first class.
Text of Section 33M - Cognizance of offences
Section 33M.
(1) No prosecution under this Chapter shall be instituted except by an Inspector with the previous sanction of the authority specified under sub-section (4) of section 33G.
(2) No Court inferior to that of a Metropolitan Magistrate or of a Judicial Magistrate of the first class shall try an offence punishable under this Chapter.
Meaning and scope of Section 33M
Section 33M lays down procedural safeguards for criminal proceedings arising from Chapter IVA. It does not itself create an offence or prescribe a punishment. Instead, it specifies who may institute a prosecution, the sanction that must precede such prosecution, and the minimum level of criminal court competent to conduct the trial.
1. Prosecution must be instituted by an Inspector
Under Section 33M(1), prosecution for an offence under Chapter IVA cannot be instituted by any person at large. The statutory power is assigned to an Inspector. The relevant Inspector provisions are contained in Section 33G of the Drugs and Cosmetics Act, 1940.
2. Previous sanction is required
The Inspector must obtain previous sanction from the authority specified under Section 33G(4). The words "previous sanction" make sanction a step that precedes institution of the prosecution under this Chapter. Section 33G(4) provides for the authority to which an Inspector is officially subordinate and whose directions govern the exercise of the Inspector's powers.
3. Minimum court competent to try the offence
Section 33M(2) restricts the level of court that may try an offence punishable under Chapter IVA. A court inferior to a Metropolitan Magistrate or a Judicial Magistrate of the first class cannot try such an offence.
Section 33M at a glance
| Requirement | Section 33M rule |
|---|---|
| Who may institute prosecution | An Inspector |
| Prior approval | Previous sanction of the authority specified under Section 33G(4) |
| Applicable offences | Offences under Chapter IVA |
| Minimum trial court | Metropolitan Magistrate or Judicial Magistrate of the first class |
Chapter IVA and related provisions
Chapter IVA contains the statutory framework relating to Ayurvedic, Siddha and Unani drugs. For applying Section 33M, the most directly connected provision is Section 33G - Inspectors. Depending on the alleged contravention, the substantive offence or penalty provisions in the same Chapter, including Section 33I and Section 33J, may also be relevant.
Legislative history
Section 33M was inserted by the Drugs and Cosmetics (Amendment) Act, 1964 (Act 13 of 1964), with effect from 1 February 1969. The requirement concerning previous sanction and the present description of the competent Magistrate were introduced or substituted by Act 68 of 1982, section 34, with effect from 1 February 1983.
For the current statutory text and official Act materials, see the India Code - Drugs and Cosmetics Act, 1940 and the Central Drugs Standard Control Organisation - Acts and Rules. Users should check the latest official amendments, rules and notifications when applying the provision to a specific matter.
Frequently asked questions
What is Section 33M of the Drugs and Cosmetics Act?
Section 33M is the cognizance and trial provision for offences under Chapter IVA. It governs who may institute prosecution, requires previous sanction, and prescribes the minimum level of court that may try the offence.
Can a private person institute a prosecution under Section 33M?
The text of Section 33M(1) states that no prosecution under the Chapter shall be instituted except by an Inspector, with the required previous sanction.
Whose sanction is required?
The required sanction is that of the authority specified under Section 33G(4). Section 33M should therefore be read together with Section 33G.
Which court can try an offence under Chapter IVA?
The trial cannot be conducted by a court inferior to a Metropolitan Magistrate or a Judicial Magistrate of the first class.
This page is a general statutory reference. The applicability of a provision can depend on the facts, amendments, rules, notifications and judicial decisions relevant to a particular case.