Section 35 of the Drugs and Cosmetics Act 1940 - Publication of Sentences
Section 35 deals with publication of specified details after a person is convicted of an offence under the Drugs and Cosmetics Act, 1940. The provision enables the Court, on an application by the Inspector, to cause the conviction details to be published at the convicted person's expense.
Text of Section 35
35. Publication of sentences passed under this Act.
(1) If any person is convicted of an offence under this Act, the Court before which the conviction takes place shall, on application made to it by the Inspector, cause the offender's name, place of residence, the offence of which he has been convicted and the penalty which has been inflicted upon him, to be published at the expense of such person in such newspapers or in such other manner as the Court may direct.
(2) The expenses of such publication shall be deemed to form part of the costs relating to the conviction and shall be recoverable in the same manner as those costs are recoverable.
Meaning and operation of Section 35
The section creates a post-conviction publication mechanism. It does not itself create a separate substantive offence. Its operation depends on a conviction for an offence under the Act and an application to the convicting Court by the Inspector.
1. Conviction under the Act is required
The provision begins with the condition that a person has been convicted of an offence under the Drugs and Cosmetics Act, 1940. Section 35 therefore concerns a consequence that may follow the conviction; it is not a provision for publication merely because a prosecution, investigation or allegation exists.
2. Application by the Inspector
The statutory wording requires an application by the Inspector to the Court before which the conviction takes place. On such application, the provision states that the Court shall cause the specified information to be published.
3. Information that may be published
Section 35 identifies the particulars to be published: the offender's name, place of residence, the offence for which the person has been convicted, and the penalty imposed.
4. Court controls the manner of publication
The Court may direct publication in newspapers or in another manner. The statutory language therefore leaves the mode of publication to the Court's direction while specifying the information covered by the provision.
5. Publication expense is recoverable as a cost
Under sub-section (2), the publication expense is treated as part of the costs relating to the conviction and is recoverable in the same manner as those costs.
1982 amendment reflected in the present text
The words requiring the Court, on an application by the Inspector, to cause publication were substituted by Section 37 of the Drugs and Cosmetics (Amendment) Act, 1982 (Act 68 of 1982), with effect from 1 February 1983. The current official text continues to carry this amendment note.
Practical significance
Section 35 supplements the punishment imposed for an offence by providing for public disclosure of specified conviction details in the manner directed by the Court. For accurate application in a particular case, the provision should be read with the offence and penalty provisions under which the conviction was recorded and with the relevant procedural law applicable to the proceedings.
This article is a plain-language guide to Section 35. For authoritative use, refer to the current statutory text and applicable amendments, notifications and judicial decisions.