Legal Provisions of Section 275 of Indian Penal Code, 1860.
Sale of adulterated drugs:
While the preceding section penalises adulteration of drugs, this section punishes sale of adulterated drugs. Ft says that whoever, having knowledge that any drug or medical preparation has been so adulterated as to lessen its efficacy, or to change its operation, or to render it noxious, either sells the same or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as without adulteration, or causes it to be used for medicinal purposes by any person who does not know that it is adulterated, shall be punished with simple or rigorous imprisonment for a term extending up to six months, or with fine extending up to one thousand rupees, or with both.
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ADVERTISEMENTS:
The section requires that the accused knows that any drug or medical preparation has been so adulterated as to lessen its efficacy, or to change its operation, or to render it noxious. He must either sell it, or offer it or expose it for sale, or issue it from a dispensary for medicinal purposes as without adulteration, or cause it to be used for medicinal purposes by anyone not knowing of the adulteration.
The section not only prohibits sale of adulterated drugs but also its issuance from a dispensary. The expression ‘exposes it for sale’ does not necessarily mean that the drug must be exposed to view; it is sufficient if it is contained in a packet or in other wrappings. A compressive law, the Drugs and Cosmetics Act, 1940 now regulates the import, manufacture, distribution and sale etc. of drugs.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.