Drugs and Cosmetics Act, 1940

19. Pleas

(1) Save as hereinafter provided in this section, it shall be no defense in a prosecution under this Chapter to prove merely that the accused was ignorant of the nature, substance or quality of the drug ⁸⁷[or cosmetic] in respect of which the offence has been committed or of the circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not been prejudiced by the sale.

(2) ⁸⁸[For the purposes of section 18 a drug shall not be deemed to be misbranded or ⁸⁹[adulterated or spurious] or to be below standard quality nor shall a cosmetic be deemed to be misbranded or to be below standard quality] only by reason of the fact that-

(a) there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or preparation of the drug ⁸⁷[or cosmetic] as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the drug ⁸⁷[or cosmetic] or to conceal its inferior quality or other defects; or

⁹⁰ [***]

(b) in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it: provided that this clause shall not apply in relation to any sale or distribution of the drug ⁸⁷[or cosmetic] occurring after the vendor or distributor became aware of such intermixture.

⁹¹ [(3) A person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of section 18 if he proves-

(a) that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer thereof;

(b) that he did not know and could not, with reasonable diligence, have ascertained that the drug or cosmetic in any way contravened the provisions of that section; and

(c) that the drug or cosmetic, while in his possession was properly stored and remained in the same state as when he acquired it.]

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