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IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) NO. 129 OF 2006 | LAXMI |...| PETITIONER(s) | | Versus | | UNION OF INDIA AND OTHERS |...| RESPONDENT(s) | ORDER On 6.2.2013, a direction was given to the Home Secretary, Ministry of Home Affairs associating the Secretary, Ministry of Chemical & Fertilizers to convene a meeting of the Chief Secretaries/concerned Secretaries of the State Governments and the Administrators of the Union Territories, inter alia, to discuss the following aspects: i) Enactment of appropriate provision for effective regulation of sale of acid in the States/Union Territories. ii) Measures for the proper treatment, after care and rehabilitation of the victims of acid attack and needs of acid attack victims. (iii) Compensation payable to acid victims by the State/or creation of some separate fund for payment of compensation to the acid attack victims. 2. Following the order of 6.2.2013, three subsequent orders on 16.4.2013, 9.7.2013 and 16.7.2013 were passed by this Court. 3. Various State Governments/Union Territories have filed their affidavits. The Union of India filed its last affidavit on 17.7.2013. Along with that affidavit, draft Model Rules entitled "The Poisons Possession and Sale Rules, 2013" (for short "Model Rules") have been placed on record. Mr. Mohan Parasaran, learned Solicitor General states that the Central Government will circulate the Model Rules to regulate sale of acid and other corrosive substances framed under the Poisons Act, 1919 to all the State Governments and Union Territories within a week from today. He also states that Model Rules will include, inter alia, the form of acids (liquids or crystalline and its concentration) that can be stored and sold, issue of licenses, procurement by individuals, educational and research institutions, hospitals, industries, Government Departments and departments of Public Sector Undertakings. We accept the statement made by the earned Solicitor General as noted above.

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Page 1: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRL) NO 129 OF 2006

| LAXMI || PETITIONER(s) |

| Versus |

| UNION OF INDIA AND OTHERS || RESPONDENT(s) |

O R D E R

On 622013 a direction was given to the Home Secretary Ministry of Home Affairs associating the Secretary Ministry of Chemical amp Fertilizers to convene a meeting of the Chief Secretariesconcerned Secretaries of the State Governments and the Administrators of the Union Territories inter alia to discuss the following aspects

i) Enactment of appropriate provision for effective regulation of sale of acid in the StatesUnion Territories

ii) Measures for the proper treatment after care and rehabilitation of the victims of acid attack and needs of acid attack victims

(iii) Compensation payable to acid victims by the Stateor creation of some separate fund for payment of compensation to the acid attack victims

2 Following the order of 622013 three subsequent orders on 1642013 972013 and 1672013 were passed by this Court

3 Various State GovernmentsUnion Territories have filed their affidavits The Union of India filed its last affidavit on 1772013 Along with that affidavit draft Model Rules entitled The Poisons Possession and Sale Rules 2013 (for short Model Rules) have been placed on record Mr Mohan Parasaran learned Solicitor General states that the Central Government will circulate the Model Rules to regulate sale of acid and other corrosive substances framed under the Poisons Act 1919 to all the State Governments and Union Territories within a week from today He also states that Model Rules will include inter alia the form of acids (liquids or crystalline and its concentration) that can be stored and sold issue of licenses procurement by individuals educational and research institutions hospitals industries Government Departments and departments of Public Sector Undertakings We accept the statement made by the earned Solicitor General as noted above

4 Insofar as the States and Union Territories are concerned we are informed that the States of Maharashtra Karnataka Kerala Haryana Punjab Madhya Pradesh Sikkim and Arunachal Pradesh have framed rules to regulate sale of acid and other corrosive substances As regards state of Meghalaya we find from the available record that draft rules have been prepared a copy of which has been made available to the Court

5 Learned counsel for the State of Tamil Nadu has stated before us that within two months from today appropriate rules to regularise sale of acid and other corrosive substances shall be framed

6 In our opinion all the States and Union Territories which have not yet framed rules will do well to make rules to regulate sale of acid and other corrosive substances in line with the Model Rules framed by the Central Government The States which have framed rules but these rules are not as stringent as the Model Rules framed by the Central Government will make necessary amendments in their rules to bring them in line with the Model Rules The Chief Secretaries of the respective States and the Administrators of the Union Territories shall ensure compliance of the above expeditiously and in no case later than three months from the receipt of the draft Model Rules from the Central Government

7 The Centre and StatesUnion Territories shall work towards making the offences under the Poison Act 1919 cognizable and non-bailable

8 In the StatesUnion Territories where rules to regulate sale of acid and other corrosive substances are not operational until such rules are framed and made operational the Chief Secretaries of the concerned StatesAdministrators of the Union Territories shall ensure the compliance of the following directions with immediate effect

i) Over the counter sale of acid is completely prohibited unless the seller maintains a logregister recording the sale of acid which will contain the details

of the person(s) to whom acid(s) isare sold and the quantity sold The logregister shall contain the address of the person to whom it is sold

(ii) All sellers shall sell acid only after the buyer has shown a) a photo ID issued by the Government which also has the address of

the person b) specifies the reasonpurpose for procuring acid

(iii) All stocks of acid must be declared by the seller with the concerned Sub-Divisional Magistrate (SDM) within 15 days

(iv) No acid shall be sold to any person who is below 18 years of age (v) In case of undeclared stock of acid it will be open to the concerned SDM

to confiscate the stock and suitably impose fine on such seller up to Rs 50000-

(vi) The concerned SDM may impose fine up to Rs 50000- on any person who commits breach of any of the above directions

9 The educational institutions research laboratories hospitals Government Departments and the departments of Public Sector Undertakings who are required to keep and store acid shall follow the following guidelines

(i) A register of usage of acid shall be maintained and the same shall be filed with the concerned SDM

(ii) A person shall be made accountable for possession and safe keeping of acid in their premises

(iii) The acid shall be stored under the supervision of this person and there shall be compulsory checking of the students personnel leaving the laboratoriesplace of storage where acid is used

10 The concerned SDM shall be vested with the responsibility of taking appropriate action for the breachdefaultviolation of the above directions

11 Section 357A came to inserted in the Code of Criminal Procedure 1973 by Act 5 of 2009 wef 31122009 Inter alia this Section provides for preparation of a scheme for providing funds for the purpose of compensation to the victim or his

dependents who have suffered loss or injury as a result of thecrime and who require rehabilitation

12 We are informed that pursuant to this provision 17 States and 7 Union Territories have prepared Victim Compensation Scheme (for short Scheme) As regards the victims of acid attacks the compensation mentioned in the Scheme framed by these

States and Union Territories is un-uniform While the State of Bihar has provided for compensation of Rs 25000- in such scheme the State of Rajasthan has provided for Rs 2 lakhs of compensation In our view the compensation provided in the Scheme

by most of the StatesUnion Territories is inadequate It cannot be overlooked that acid attack victims need to undergo a series of plastic surgeries and other corrective treatments Having regard to this problem learned Solicitor General suggested to us that the compensation by the StatesUnion Territories for acid attack victims must be enhanced to at least Rs 3 lakhs as the after care and rehabilitation cost The suggestion of learned Solicitor General is very fair 13 We accordingly direct that the acid attack victims shall be paid compensation of at least Rs 3 lakhs by the concerned State GovernmentUnion Territory as the after care and rehabilitation cost Of this amount a sum of Rs 1 lakh shall be paid to such victim within 15 days of occurrence of such incident (or being brought to the notice of the State GovernmentUnion Territory) to facilitate immediate medical attention and expenses in this regard

The balance sum of Rs 2 lakhs shall be paid as expeditiously as may be possible and positively within two months thereafter The Chief Secretaries of the States and the Administrators of the Union Territories shall ensure compliance of the above direction

14 The Chief Secretaries of the States and Administrators of the Union Territories shall take necessary steps in getting this order translated into vernacular and publicise the same appropriately for the information of public at large 15 List the matter on December 3 2013

J (RM LODHA)

J (FAKKIR MOHAMED IBRAHIM KALIFULLA]

NEW DELHI JULY 18 2013

----------------------------------------------------------------------

The Poisons Act 1919ACT NO 12 OF 1919 1

[3rd September 1919]

An Act to consolidate and amend the law regulating the importation possession and sale of poisons 2

WHEREAS it is expedient to consolidate and amend the law regulating the importation possession and sale of poisons 3 It is hereby enacted as follows-

1Short title and extent

1 Short title and extent (1) This Act may be called the Poisons Act 19193[(2) It extends to the whole of India

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison]

2Power of the State Government to regulate possession for sale and saleof any poison

2 Power of the State Government to regulate possession for sale and sale of any poison (1) 4The State Government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale whether wholesale or retail of any specified poison

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-

(a) the grant of licences to possess any specified poison for sale wholesale or retail and fixing of the fee (if any) to be charged for such licences

(b) the classes of persons to whom alone such licences may be granted

(c) the classes of persons to whom alone any such poison may be sold

(d) the maximum quantity of any such poison which may be sold to any one person

(e) the maintenance by vendors of any such poison of registers of sales the particulars to be entered in such registers and the inspection of the same

(f) the safe custody of such poisons and the labelling of the vessels packages or coverings in which any such poison is sold or possessed for sale and

1 Extended to Laccadive Minicoy and Amindivi Islands (wef 1101967) vide Reg 8 of 1965 s 3 amp Sch Extended to and brought into force in Dadra and Nagar Haveli (wef 1-7-65) by Reg 6 of 1963 s 2 and Sch I Extended to the Union territory of

Pondicherry by Act 26 of 1968 S 3 and Schedule Repealed in its application to Bellary District by Mysore Act 14 of 19552 The words throughout British India rep by the A O 19483 Subs by Act 47 of 1958 s 2 for the former sub-section (2) 4 The words subject to the control of the GG in C rep by the AO 193724(g) the inspection and examination of any such poison when possessed for sale by any such vendor

3Power to prohibit importation into India of any poison except underlicence

3 Power to prohibit importation into India of any poison except under licence The Central Government may by notification in the Official Gazette prohibit except under and in accordance with the conditions of a licence the importation into 1[India] 2[across any customs frontier 3 defined by the Central Government] of any specified poison and may by rule regulate the grant of licences

4Power to regulate possession of any poison in certain areas

4 Power to regulate possession of any poison in certain areas (1) The State Government 4 may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable

(2) In making any rule under sub-section (1) the State Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both together with confiscation of the poison in respect of which the breach has been committed and of the vessels packages or coverings in which the same is found

5Presumption as to specified poisons

5 Presumption as to specified poisons Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act

6Penalty for unlawful importation etc

6 Penalty for unlawful importation etc (1) Whoever--

(a) commits a breach of any rule made under section 2 or

(b) imports 5 without a licence 2[into 1[India] across a customs frontier 3 defined by the Central Government] any poison the importation of which is for the time being restricted under section 3 or

(c) breaks any condition of a licence for the importation of any poison granted to him under section 3

----------------------------------------------------------------------

shall be punishable--

(i) on a first conviction with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both and

1 Subs by Act 47 of 1958 s 3 for the States 2 Ins by the A O 19373 For definition of the customs frontiers of India see Gazette of India 1955 Pt II Sec 3 p 15214 The words subject to the control of the GG in C rep by the AO 19375 The words into British India rep by the AO 193725(ii) on a second or subsequent conviction with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both

(2) Any poison in respect of which an offence has been committed under this section together with the vessels packages or coverings in which the same is found shall be liable to confiscation

7Power to issue search warrants

7 Power to issue search warrants (1) the District Magistrate the Sub-divisional- magistrate and in a presidency-town the Commissioner of Police may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder or that any poison liable to confiscation under this Act is kept or concealed

(2) The person to whom the warrant is directed may enter and search the place in accordance therewith and the provisions of the Code of Criminal Procedure 1898 (5 of 1898) relating to search-warrants shall as far as may be be deemed to apply to the execution of the warrant

8Rules

8 Rules (1) In addition to any other power to make rules hereinbefore conferred 1 the State Government may make rules generally to carry out the purposes and objects of this Act 2[except section 3]

(2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication

(3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act

4[(4) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect

----------------------------------------------------------------------

only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

(5) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the State Legislature]

9Savings

9 Savings (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to or interfere with anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner

(2) Notwithstanding anything hereinbefore contained the State Government may 5 by general or special order declare that all or any of the provisions of this Act 2[except section 3] shall be

1 The words and subject to the control of the G G in C rep by the A O 19372 Ins ibid 3 Subs by para 4 ibid for Gazette of India or the local official Gazette as the case may be Strictly the substitution would read Official Gazette or the Official Gazette as the case may be but the last nine words have been omitted as being obviously redundant 4 Ins by Act 4 of 1986 S 2 and Sch (wef 1551986) 5 The words in its discretion rep ibid

26deemed not to apply to any article or class of articles of commerce specified in such order or to any poison or class of poisons used for any purpose so specified

(3) The authority on which any power to make rules under this Act is conferred may by general or special order either wholly or partially--

(a) exempt from the operation of any such rules or

(b) exclude from the scope of the exemption provided by sub-section (1)

any person or class of persons either generally or in respect of any poisons specified in the order

10Repeal of Act 1 of 190410 [Repeal of Act 1 of 1904] Rep by the Repealing Act 1927(12 of 1927)

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Page 2: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

4 Insofar as the States and Union Territories are concerned we are informed that the States of Maharashtra Karnataka Kerala Haryana Punjab Madhya Pradesh Sikkim and Arunachal Pradesh have framed rules to regulate sale of acid and other corrosive substances As regards state of Meghalaya we find from the available record that draft rules have been prepared a copy of which has been made available to the Court

5 Learned counsel for the State of Tamil Nadu has stated before us that within two months from today appropriate rules to regularise sale of acid and other corrosive substances shall be framed

6 In our opinion all the States and Union Territories which have not yet framed rules will do well to make rules to regulate sale of acid and other corrosive substances in line with the Model Rules framed by the Central Government The States which have framed rules but these rules are not as stringent as the Model Rules framed by the Central Government will make necessary amendments in their rules to bring them in line with the Model Rules The Chief Secretaries of the respective States and the Administrators of the Union Territories shall ensure compliance of the above expeditiously and in no case later than three months from the receipt of the draft Model Rules from the Central Government

7 The Centre and StatesUnion Territories shall work towards making the offences under the Poison Act 1919 cognizable and non-bailable

8 In the StatesUnion Territories where rules to regulate sale of acid and other corrosive substances are not operational until such rules are framed and made operational the Chief Secretaries of the concerned StatesAdministrators of the Union Territories shall ensure the compliance of the following directions with immediate effect

i) Over the counter sale of acid is completely prohibited unless the seller maintains a logregister recording the sale of acid which will contain the details

of the person(s) to whom acid(s) isare sold and the quantity sold The logregister shall contain the address of the person to whom it is sold

(ii) All sellers shall sell acid only after the buyer has shown a) a photo ID issued by the Government which also has the address of

the person b) specifies the reasonpurpose for procuring acid

(iii) All stocks of acid must be declared by the seller with the concerned Sub-Divisional Magistrate (SDM) within 15 days

(iv) No acid shall be sold to any person who is below 18 years of age (v) In case of undeclared stock of acid it will be open to the concerned SDM

to confiscate the stock and suitably impose fine on such seller up to Rs 50000-

(vi) The concerned SDM may impose fine up to Rs 50000- on any person who commits breach of any of the above directions

9 The educational institutions research laboratories hospitals Government Departments and the departments of Public Sector Undertakings who are required to keep and store acid shall follow the following guidelines

(i) A register of usage of acid shall be maintained and the same shall be filed with the concerned SDM

(ii) A person shall be made accountable for possession and safe keeping of acid in their premises

(iii) The acid shall be stored under the supervision of this person and there shall be compulsory checking of the students personnel leaving the laboratoriesplace of storage where acid is used

10 The concerned SDM shall be vested with the responsibility of taking appropriate action for the breachdefaultviolation of the above directions

11 Section 357A came to inserted in the Code of Criminal Procedure 1973 by Act 5 of 2009 wef 31122009 Inter alia this Section provides for preparation of a scheme for providing funds for the purpose of compensation to the victim or his

dependents who have suffered loss or injury as a result of thecrime and who require rehabilitation

12 We are informed that pursuant to this provision 17 States and 7 Union Territories have prepared Victim Compensation Scheme (for short Scheme) As regards the victims of acid attacks the compensation mentioned in the Scheme framed by these

States and Union Territories is un-uniform While the State of Bihar has provided for compensation of Rs 25000- in such scheme the State of Rajasthan has provided for Rs 2 lakhs of compensation In our view the compensation provided in the Scheme

by most of the StatesUnion Territories is inadequate It cannot be overlooked that acid attack victims need to undergo a series of plastic surgeries and other corrective treatments Having regard to this problem learned Solicitor General suggested to us that the compensation by the StatesUnion Territories for acid attack victims must be enhanced to at least Rs 3 lakhs as the after care and rehabilitation cost The suggestion of learned Solicitor General is very fair 13 We accordingly direct that the acid attack victims shall be paid compensation of at least Rs 3 lakhs by the concerned State GovernmentUnion Territory as the after care and rehabilitation cost Of this amount a sum of Rs 1 lakh shall be paid to such victim within 15 days of occurrence of such incident (or being brought to the notice of the State GovernmentUnion Territory) to facilitate immediate medical attention and expenses in this regard

The balance sum of Rs 2 lakhs shall be paid as expeditiously as may be possible and positively within two months thereafter The Chief Secretaries of the States and the Administrators of the Union Territories shall ensure compliance of the above direction

14 The Chief Secretaries of the States and Administrators of the Union Territories shall take necessary steps in getting this order translated into vernacular and publicise the same appropriately for the information of public at large 15 List the matter on December 3 2013

J (RM LODHA)

J (FAKKIR MOHAMED IBRAHIM KALIFULLA]

NEW DELHI JULY 18 2013

----------------------------------------------------------------------

The Poisons Act 1919ACT NO 12 OF 1919 1

[3rd September 1919]

An Act to consolidate and amend the law regulating the importation possession and sale of poisons 2

WHEREAS it is expedient to consolidate and amend the law regulating the importation possession and sale of poisons 3 It is hereby enacted as follows-

1Short title and extent

1 Short title and extent (1) This Act may be called the Poisons Act 19193[(2) It extends to the whole of India

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison]

2Power of the State Government to regulate possession for sale and saleof any poison

2 Power of the State Government to regulate possession for sale and sale of any poison (1) 4The State Government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale whether wholesale or retail of any specified poison

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-

(a) the grant of licences to possess any specified poison for sale wholesale or retail and fixing of the fee (if any) to be charged for such licences

(b) the classes of persons to whom alone such licences may be granted

(c) the classes of persons to whom alone any such poison may be sold

(d) the maximum quantity of any such poison which may be sold to any one person

(e) the maintenance by vendors of any such poison of registers of sales the particulars to be entered in such registers and the inspection of the same

(f) the safe custody of such poisons and the labelling of the vessels packages or coverings in which any such poison is sold or possessed for sale and

1 Extended to Laccadive Minicoy and Amindivi Islands (wef 1101967) vide Reg 8 of 1965 s 3 amp Sch Extended to and brought into force in Dadra and Nagar Haveli (wef 1-7-65) by Reg 6 of 1963 s 2 and Sch I Extended to the Union territory of

Pondicherry by Act 26 of 1968 S 3 and Schedule Repealed in its application to Bellary District by Mysore Act 14 of 19552 The words throughout British India rep by the A O 19483 Subs by Act 47 of 1958 s 2 for the former sub-section (2) 4 The words subject to the control of the GG in C rep by the AO 193724(g) the inspection and examination of any such poison when possessed for sale by any such vendor

3Power to prohibit importation into India of any poison except underlicence

3 Power to prohibit importation into India of any poison except under licence The Central Government may by notification in the Official Gazette prohibit except under and in accordance with the conditions of a licence the importation into 1[India] 2[across any customs frontier 3 defined by the Central Government] of any specified poison and may by rule regulate the grant of licences

4Power to regulate possession of any poison in certain areas

4 Power to regulate possession of any poison in certain areas (1) The State Government 4 may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable

(2) In making any rule under sub-section (1) the State Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both together with confiscation of the poison in respect of which the breach has been committed and of the vessels packages or coverings in which the same is found

5Presumption as to specified poisons

5 Presumption as to specified poisons Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act

6Penalty for unlawful importation etc

6 Penalty for unlawful importation etc (1) Whoever--

(a) commits a breach of any rule made under section 2 or

(b) imports 5 without a licence 2[into 1[India] across a customs frontier 3 defined by the Central Government] any poison the importation of which is for the time being restricted under section 3 or

(c) breaks any condition of a licence for the importation of any poison granted to him under section 3

----------------------------------------------------------------------

shall be punishable--

(i) on a first conviction with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both and

1 Subs by Act 47 of 1958 s 3 for the States 2 Ins by the A O 19373 For definition of the customs frontiers of India see Gazette of India 1955 Pt II Sec 3 p 15214 The words subject to the control of the GG in C rep by the AO 19375 The words into British India rep by the AO 193725(ii) on a second or subsequent conviction with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both

(2) Any poison in respect of which an offence has been committed under this section together with the vessels packages or coverings in which the same is found shall be liable to confiscation

7Power to issue search warrants

7 Power to issue search warrants (1) the District Magistrate the Sub-divisional- magistrate and in a presidency-town the Commissioner of Police may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder or that any poison liable to confiscation under this Act is kept or concealed

(2) The person to whom the warrant is directed may enter and search the place in accordance therewith and the provisions of the Code of Criminal Procedure 1898 (5 of 1898) relating to search-warrants shall as far as may be be deemed to apply to the execution of the warrant

8Rules

8 Rules (1) In addition to any other power to make rules hereinbefore conferred 1 the State Government may make rules generally to carry out the purposes and objects of this Act 2[except section 3]

(2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication

(3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act

4[(4) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect

----------------------------------------------------------------------

only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

(5) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the State Legislature]

9Savings

9 Savings (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to or interfere with anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner

(2) Notwithstanding anything hereinbefore contained the State Government may 5 by general or special order declare that all or any of the provisions of this Act 2[except section 3] shall be

1 The words and subject to the control of the G G in C rep by the A O 19372 Ins ibid 3 Subs by para 4 ibid for Gazette of India or the local official Gazette as the case may be Strictly the substitution would read Official Gazette or the Official Gazette as the case may be but the last nine words have been omitted as being obviously redundant 4 Ins by Act 4 of 1986 S 2 and Sch (wef 1551986) 5 The words in its discretion rep ibid

26deemed not to apply to any article or class of articles of commerce specified in such order or to any poison or class of poisons used for any purpose so specified

(3) The authority on which any power to make rules under this Act is conferred may by general or special order either wholly or partially--

(a) exempt from the operation of any such rules or

(b) exclude from the scope of the exemption provided by sub-section (1)

any person or class of persons either generally or in respect of any poisons specified in the order

10Repeal of Act 1 of 190410 [Repeal of Act 1 of 1904] Rep by the Repealing Act 1927(12 of 1927)

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Page 3: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

(vi) The concerned SDM may impose fine up to Rs 50000- on any person who commits breach of any of the above directions

9 The educational institutions research laboratories hospitals Government Departments and the departments of Public Sector Undertakings who are required to keep and store acid shall follow the following guidelines

(i) A register of usage of acid shall be maintained and the same shall be filed with the concerned SDM

(ii) A person shall be made accountable for possession and safe keeping of acid in their premises

(iii) The acid shall be stored under the supervision of this person and there shall be compulsory checking of the students personnel leaving the laboratoriesplace of storage where acid is used

10 The concerned SDM shall be vested with the responsibility of taking appropriate action for the breachdefaultviolation of the above directions

11 Section 357A came to inserted in the Code of Criminal Procedure 1973 by Act 5 of 2009 wef 31122009 Inter alia this Section provides for preparation of a scheme for providing funds for the purpose of compensation to the victim or his

dependents who have suffered loss or injury as a result of thecrime and who require rehabilitation

12 We are informed that pursuant to this provision 17 States and 7 Union Territories have prepared Victim Compensation Scheme (for short Scheme) As regards the victims of acid attacks the compensation mentioned in the Scheme framed by these

States and Union Territories is un-uniform While the State of Bihar has provided for compensation of Rs 25000- in such scheme the State of Rajasthan has provided for Rs 2 lakhs of compensation In our view the compensation provided in the Scheme

by most of the StatesUnion Territories is inadequate It cannot be overlooked that acid attack victims need to undergo a series of plastic surgeries and other corrective treatments Having regard to this problem learned Solicitor General suggested to us that the compensation by the StatesUnion Territories for acid attack victims must be enhanced to at least Rs 3 lakhs as the after care and rehabilitation cost The suggestion of learned Solicitor General is very fair 13 We accordingly direct that the acid attack victims shall be paid compensation of at least Rs 3 lakhs by the concerned State GovernmentUnion Territory as the after care and rehabilitation cost Of this amount a sum of Rs 1 lakh shall be paid to such victim within 15 days of occurrence of such incident (or being brought to the notice of the State GovernmentUnion Territory) to facilitate immediate medical attention and expenses in this regard

The balance sum of Rs 2 lakhs shall be paid as expeditiously as may be possible and positively within two months thereafter The Chief Secretaries of the States and the Administrators of the Union Territories shall ensure compliance of the above direction

14 The Chief Secretaries of the States and Administrators of the Union Territories shall take necessary steps in getting this order translated into vernacular and publicise the same appropriately for the information of public at large 15 List the matter on December 3 2013

J (RM LODHA)

J (FAKKIR MOHAMED IBRAHIM KALIFULLA]

NEW DELHI JULY 18 2013

----------------------------------------------------------------------

The Poisons Act 1919ACT NO 12 OF 1919 1

[3rd September 1919]

An Act to consolidate and amend the law regulating the importation possession and sale of poisons 2

WHEREAS it is expedient to consolidate and amend the law regulating the importation possession and sale of poisons 3 It is hereby enacted as follows-

1Short title and extent

1 Short title and extent (1) This Act may be called the Poisons Act 19193[(2) It extends to the whole of India

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison]

2Power of the State Government to regulate possession for sale and saleof any poison

2 Power of the State Government to regulate possession for sale and sale of any poison (1) 4The State Government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale whether wholesale or retail of any specified poison

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-

(a) the grant of licences to possess any specified poison for sale wholesale or retail and fixing of the fee (if any) to be charged for such licences

(b) the classes of persons to whom alone such licences may be granted

(c) the classes of persons to whom alone any such poison may be sold

(d) the maximum quantity of any such poison which may be sold to any one person

(e) the maintenance by vendors of any such poison of registers of sales the particulars to be entered in such registers and the inspection of the same

(f) the safe custody of such poisons and the labelling of the vessels packages or coverings in which any such poison is sold or possessed for sale and

1 Extended to Laccadive Minicoy and Amindivi Islands (wef 1101967) vide Reg 8 of 1965 s 3 amp Sch Extended to and brought into force in Dadra and Nagar Haveli (wef 1-7-65) by Reg 6 of 1963 s 2 and Sch I Extended to the Union territory of

Pondicherry by Act 26 of 1968 S 3 and Schedule Repealed in its application to Bellary District by Mysore Act 14 of 19552 The words throughout British India rep by the A O 19483 Subs by Act 47 of 1958 s 2 for the former sub-section (2) 4 The words subject to the control of the GG in C rep by the AO 193724(g) the inspection and examination of any such poison when possessed for sale by any such vendor

3Power to prohibit importation into India of any poison except underlicence

3 Power to prohibit importation into India of any poison except under licence The Central Government may by notification in the Official Gazette prohibit except under and in accordance with the conditions of a licence the importation into 1[India] 2[across any customs frontier 3 defined by the Central Government] of any specified poison and may by rule regulate the grant of licences

4Power to regulate possession of any poison in certain areas

4 Power to regulate possession of any poison in certain areas (1) The State Government 4 may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable

(2) In making any rule under sub-section (1) the State Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both together with confiscation of the poison in respect of which the breach has been committed and of the vessels packages or coverings in which the same is found

5Presumption as to specified poisons

5 Presumption as to specified poisons Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act

6Penalty for unlawful importation etc

6 Penalty for unlawful importation etc (1) Whoever--

(a) commits a breach of any rule made under section 2 or

(b) imports 5 without a licence 2[into 1[India] across a customs frontier 3 defined by the Central Government] any poison the importation of which is for the time being restricted under section 3 or

(c) breaks any condition of a licence for the importation of any poison granted to him under section 3

----------------------------------------------------------------------

shall be punishable--

(i) on a first conviction with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both and

1 Subs by Act 47 of 1958 s 3 for the States 2 Ins by the A O 19373 For definition of the customs frontiers of India see Gazette of India 1955 Pt II Sec 3 p 15214 The words subject to the control of the GG in C rep by the AO 19375 The words into British India rep by the AO 193725(ii) on a second or subsequent conviction with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both

(2) Any poison in respect of which an offence has been committed under this section together with the vessels packages or coverings in which the same is found shall be liable to confiscation

7Power to issue search warrants

7 Power to issue search warrants (1) the District Magistrate the Sub-divisional- magistrate and in a presidency-town the Commissioner of Police may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder or that any poison liable to confiscation under this Act is kept or concealed

(2) The person to whom the warrant is directed may enter and search the place in accordance therewith and the provisions of the Code of Criminal Procedure 1898 (5 of 1898) relating to search-warrants shall as far as may be be deemed to apply to the execution of the warrant

8Rules

8 Rules (1) In addition to any other power to make rules hereinbefore conferred 1 the State Government may make rules generally to carry out the purposes and objects of this Act 2[except section 3]

(2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication

(3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act

4[(4) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect

----------------------------------------------------------------------

only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

(5) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the State Legislature]

9Savings

9 Savings (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to or interfere with anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner

(2) Notwithstanding anything hereinbefore contained the State Government may 5 by general or special order declare that all or any of the provisions of this Act 2[except section 3] shall be

1 The words and subject to the control of the G G in C rep by the A O 19372 Ins ibid 3 Subs by para 4 ibid for Gazette of India or the local official Gazette as the case may be Strictly the substitution would read Official Gazette or the Official Gazette as the case may be but the last nine words have been omitted as being obviously redundant 4 Ins by Act 4 of 1986 S 2 and Sch (wef 1551986) 5 The words in its discretion rep ibid

26deemed not to apply to any article or class of articles of commerce specified in such order or to any poison or class of poisons used for any purpose so specified

(3) The authority on which any power to make rules under this Act is conferred may by general or special order either wholly or partially--

(a) exempt from the operation of any such rules or

(b) exclude from the scope of the exemption provided by sub-section (1)

any person or class of persons either generally or in respect of any poisons specified in the order

10Repeal of Act 1 of 190410 [Repeal of Act 1 of 1904] Rep by the Repealing Act 1927(12 of 1927)

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Page 4: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

The balance sum of Rs 2 lakhs shall be paid as expeditiously as may be possible and positively within two months thereafter The Chief Secretaries of the States and the Administrators of the Union Territories shall ensure compliance of the above direction

14 The Chief Secretaries of the States and Administrators of the Union Territories shall take necessary steps in getting this order translated into vernacular and publicise the same appropriately for the information of public at large 15 List the matter on December 3 2013

J (RM LODHA)

J (FAKKIR MOHAMED IBRAHIM KALIFULLA]

NEW DELHI JULY 18 2013

----------------------------------------------------------------------

The Poisons Act 1919ACT NO 12 OF 1919 1

[3rd September 1919]

An Act to consolidate and amend the law regulating the importation possession and sale of poisons 2

WHEREAS it is expedient to consolidate and amend the law regulating the importation possession and sale of poisons 3 It is hereby enacted as follows-

1Short title and extent

1 Short title and extent (1) This Act may be called the Poisons Act 19193[(2) It extends to the whole of India

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison]

2Power of the State Government to regulate possession for sale and saleof any poison

2 Power of the State Government to regulate possession for sale and sale of any poison (1) 4The State Government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale whether wholesale or retail of any specified poison

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-

(a) the grant of licences to possess any specified poison for sale wholesale or retail and fixing of the fee (if any) to be charged for such licences

(b) the classes of persons to whom alone such licences may be granted

(c) the classes of persons to whom alone any such poison may be sold

(d) the maximum quantity of any such poison which may be sold to any one person

(e) the maintenance by vendors of any such poison of registers of sales the particulars to be entered in such registers and the inspection of the same

(f) the safe custody of such poisons and the labelling of the vessels packages or coverings in which any such poison is sold or possessed for sale and

1 Extended to Laccadive Minicoy and Amindivi Islands (wef 1101967) vide Reg 8 of 1965 s 3 amp Sch Extended to and brought into force in Dadra and Nagar Haveli (wef 1-7-65) by Reg 6 of 1963 s 2 and Sch I Extended to the Union territory of

Pondicherry by Act 26 of 1968 S 3 and Schedule Repealed in its application to Bellary District by Mysore Act 14 of 19552 The words throughout British India rep by the A O 19483 Subs by Act 47 of 1958 s 2 for the former sub-section (2) 4 The words subject to the control of the GG in C rep by the AO 193724(g) the inspection and examination of any such poison when possessed for sale by any such vendor

3Power to prohibit importation into India of any poison except underlicence

3 Power to prohibit importation into India of any poison except under licence The Central Government may by notification in the Official Gazette prohibit except under and in accordance with the conditions of a licence the importation into 1[India] 2[across any customs frontier 3 defined by the Central Government] of any specified poison and may by rule regulate the grant of licences

4Power to regulate possession of any poison in certain areas

4 Power to regulate possession of any poison in certain areas (1) The State Government 4 may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable

(2) In making any rule under sub-section (1) the State Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both together with confiscation of the poison in respect of which the breach has been committed and of the vessels packages or coverings in which the same is found

5Presumption as to specified poisons

5 Presumption as to specified poisons Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act

6Penalty for unlawful importation etc

6 Penalty for unlawful importation etc (1) Whoever--

(a) commits a breach of any rule made under section 2 or

(b) imports 5 without a licence 2[into 1[India] across a customs frontier 3 defined by the Central Government] any poison the importation of which is for the time being restricted under section 3 or

(c) breaks any condition of a licence for the importation of any poison granted to him under section 3

----------------------------------------------------------------------

shall be punishable--

(i) on a first conviction with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both and

1 Subs by Act 47 of 1958 s 3 for the States 2 Ins by the A O 19373 For definition of the customs frontiers of India see Gazette of India 1955 Pt II Sec 3 p 15214 The words subject to the control of the GG in C rep by the AO 19375 The words into British India rep by the AO 193725(ii) on a second or subsequent conviction with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both

(2) Any poison in respect of which an offence has been committed under this section together with the vessels packages or coverings in which the same is found shall be liable to confiscation

7Power to issue search warrants

7 Power to issue search warrants (1) the District Magistrate the Sub-divisional- magistrate and in a presidency-town the Commissioner of Police may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder or that any poison liable to confiscation under this Act is kept or concealed

(2) The person to whom the warrant is directed may enter and search the place in accordance therewith and the provisions of the Code of Criminal Procedure 1898 (5 of 1898) relating to search-warrants shall as far as may be be deemed to apply to the execution of the warrant

8Rules

8 Rules (1) In addition to any other power to make rules hereinbefore conferred 1 the State Government may make rules generally to carry out the purposes and objects of this Act 2[except section 3]

(2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication

(3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act

4[(4) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect

----------------------------------------------------------------------

only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

(5) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the State Legislature]

9Savings

9 Savings (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to or interfere with anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner

(2) Notwithstanding anything hereinbefore contained the State Government may 5 by general or special order declare that all or any of the provisions of this Act 2[except section 3] shall be

1 The words and subject to the control of the G G in C rep by the A O 19372 Ins ibid 3 Subs by para 4 ibid for Gazette of India or the local official Gazette as the case may be Strictly the substitution would read Official Gazette or the Official Gazette as the case may be but the last nine words have been omitted as being obviously redundant 4 Ins by Act 4 of 1986 S 2 and Sch (wef 1551986) 5 The words in its discretion rep ibid

26deemed not to apply to any article or class of articles of commerce specified in such order or to any poison or class of poisons used for any purpose so specified

(3) The authority on which any power to make rules under this Act is conferred may by general or special order either wholly or partially--

(a) exempt from the operation of any such rules or

(b) exclude from the scope of the exemption provided by sub-section (1)

any person or class of persons either generally or in respect of any poisons specified in the order

10Repeal of Act 1 of 190410 [Repeal of Act 1 of 1904] Rep by the Repealing Act 1927(12 of 1927)

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ct C 11nd i1wt~ ~llOi~r r~u~ 1 yen~~~ ~ if~ci1ropoJlona~ttt1S~~e~c t - 4C~ ccitave ~ b t1 i~ by the J~$iof necomtlmdattonactually ~ bythe lltmger ttit

rou~ iilt~fiB ord~j ~l~dim the name ()f thc Go~ruor of M~dh~tI PradeSh yen Viii

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(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

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FORMC (BH nIJe 12)

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Page 5: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

----------------------------------------------------------------------

The Poisons Act 1919ACT NO 12 OF 1919 1

[3rd September 1919]

An Act to consolidate and amend the law regulating the importation possession and sale of poisons 2

WHEREAS it is expedient to consolidate and amend the law regulating the importation possession and sale of poisons 3 It is hereby enacted as follows-

1Short title and extent

1 Short title and extent (1) This Act may be called the Poisons Act 19193[(2) It extends to the whole of India

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison]

2Power of the State Government to regulate possession for sale and saleof any poison

2 Power of the State Government to regulate possession for sale and sale of any poison (1) 4The State Government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale whether wholesale or retail of any specified poison

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-

(a) the grant of licences to possess any specified poison for sale wholesale or retail and fixing of the fee (if any) to be charged for such licences

(b) the classes of persons to whom alone such licences may be granted

(c) the classes of persons to whom alone any such poison may be sold

(d) the maximum quantity of any such poison which may be sold to any one person

(e) the maintenance by vendors of any such poison of registers of sales the particulars to be entered in such registers and the inspection of the same

(f) the safe custody of such poisons and the labelling of the vessels packages or coverings in which any such poison is sold or possessed for sale and

1 Extended to Laccadive Minicoy and Amindivi Islands (wef 1101967) vide Reg 8 of 1965 s 3 amp Sch Extended to and brought into force in Dadra and Nagar Haveli (wef 1-7-65) by Reg 6 of 1963 s 2 and Sch I Extended to the Union territory of

Pondicherry by Act 26 of 1968 S 3 and Schedule Repealed in its application to Bellary District by Mysore Act 14 of 19552 The words throughout British India rep by the A O 19483 Subs by Act 47 of 1958 s 2 for the former sub-section (2) 4 The words subject to the control of the GG in C rep by the AO 193724(g) the inspection and examination of any such poison when possessed for sale by any such vendor

3Power to prohibit importation into India of any poison except underlicence

3 Power to prohibit importation into India of any poison except under licence The Central Government may by notification in the Official Gazette prohibit except under and in accordance with the conditions of a licence the importation into 1[India] 2[across any customs frontier 3 defined by the Central Government] of any specified poison and may by rule regulate the grant of licences

4Power to regulate possession of any poison in certain areas

4 Power to regulate possession of any poison in certain areas (1) The State Government 4 may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable

(2) In making any rule under sub-section (1) the State Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both together with confiscation of the poison in respect of which the breach has been committed and of the vessels packages or coverings in which the same is found

5Presumption as to specified poisons

5 Presumption as to specified poisons Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act

6Penalty for unlawful importation etc

6 Penalty for unlawful importation etc (1) Whoever--

(a) commits a breach of any rule made under section 2 or

(b) imports 5 without a licence 2[into 1[India] across a customs frontier 3 defined by the Central Government] any poison the importation of which is for the time being restricted under section 3 or

(c) breaks any condition of a licence for the importation of any poison granted to him under section 3

----------------------------------------------------------------------

shall be punishable--

(i) on a first conviction with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both and

1 Subs by Act 47 of 1958 s 3 for the States 2 Ins by the A O 19373 For definition of the customs frontiers of India see Gazette of India 1955 Pt II Sec 3 p 15214 The words subject to the control of the GG in C rep by the AO 19375 The words into British India rep by the AO 193725(ii) on a second or subsequent conviction with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both

(2) Any poison in respect of which an offence has been committed under this section together with the vessels packages or coverings in which the same is found shall be liable to confiscation

7Power to issue search warrants

7 Power to issue search warrants (1) the District Magistrate the Sub-divisional- magistrate and in a presidency-town the Commissioner of Police may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder or that any poison liable to confiscation under this Act is kept or concealed

(2) The person to whom the warrant is directed may enter and search the place in accordance therewith and the provisions of the Code of Criminal Procedure 1898 (5 of 1898) relating to search-warrants shall as far as may be be deemed to apply to the execution of the warrant

8Rules

8 Rules (1) In addition to any other power to make rules hereinbefore conferred 1 the State Government may make rules generally to carry out the purposes and objects of this Act 2[except section 3]

(2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication

(3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act

4[(4) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect

----------------------------------------------------------------------

only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

(5) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the State Legislature]

9Savings

9 Savings (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to or interfere with anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner

(2) Notwithstanding anything hereinbefore contained the State Government may 5 by general or special order declare that all or any of the provisions of this Act 2[except section 3] shall be

1 The words and subject to the control of the G G in C rep by the A O 19372 Ins ibid 3 Subs by para 4 ibid for Gazette of India or the local official Gazette as the case may be Strictly the substitution would read Official Gazette or the Official Gazette as the case may be but the last nine words have been omitted as being obviously redundant 4 Ins by Act 4 of 1986 S 2 and Sch (wef 1551986) 5 The words in its discretion rep ibid

26deemed not to apply to any article or class of articles of commerce specified in such order or to any poison or class of poisons used for any purpose so specified

(3) The authority on which any power to make rules under this Act is conferred may by general or special order either wholly or partially--

(a) exempt from the operation of any such rules or

(b) exclude from the scope of the exemption provided by sub-section (1)

any person or class of persons either generally or in respect of any poisons specified in the order

10Repeal of Act 1 of 190410 [Repeal of Act 1 of 1904] Rep by the Repealing Act 1927(12 of 1927)

~( ~~~ ~1~ tto

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~ft

tttt(U~ tTJUderS~ 80belOWttFamp(~~f the saidrul~Ih foll~ ~tiif( t Cnote shan be l~~rted as Note 1 be1oow thIS ru~ ~yen~nAnlely~ t 1 f t ttyen

~ the ~~ ()fa 9ovemmentse~ant whfJ perforn~$ tIj()utm~1 ti1f4tt 11 l()J)er raJlwar 1~~tbyt b rave1l1n nrt h the elMs (lf ~ t 1 ~ t~ nAA(jmm~i(l~to wm~ he is ~tit1eu ~nd partIr 11t A tiCif)iJwe-r class m$ trav~Wng aJrowanc~claim tf()l 30U~~ (f shquid be t~tricted to ~he am()l1ntQf t~v~tling alloWfli1lt~ tji which tile Gov~~nt $~ant W()UfQtntlVe got haQ tf)i itt

ct C 11nd i1wt~ ~llOi~r r~u~ 1 yen~~~ ~ if~ci1ropoJlona~ttt1S~~e~c t - 4C~ ccitave ~ b t1 i~ by the J~$iof necomtlmdattonactually ~ bythe lltmger ttit

rou~ iilt~fiB ord~j ~l~dim the name ()f thc Go~ruor of M~dh~tI PradeSh yen Viii

M Y GODBOLE ~1 iii~ - ifiif

~ WmR mN ~i ~ ~i iii iif Bhopal the 28th 11Ho-Jaisth~ 7 1882 1iiiii

i -1 b1 v an T- J t l _4I~a I 1 Ui t~~ ~Q ii ~-7~J ~~fCIse UJ ~~~m~tJ~ J)y $qu-S~JO~ j1i1iiii J~t~~~on~ ~d otheri ~W~ir$u~abJing In th1$ ben_Ifi of tbe PO1SOM ii~~iiM~1~19(N()j ~ of 1919)1the8~te ~o~~nt n1Freby mak_) 1~he tol- iiiii~iti o~~i~ei ~ ha~~n pr~V1oosly pubhsbeti as required by Iiiiyeni~iii iSUamp-~tion (I) of ~tion lot theisaidAct fJiii

n UL1pound yenjiiraquo auC) yenC) tii~i ~~ tiamp ~ ~mqee~nt~~ese rules may be ealled th~ fli

foo~ (adha ~Nh) Rule 100deg cii~ c yen cc I Deimt1~-ln these rulM unl- th~ eontext otherw~~ i1j qu~i- c ci

i a)~t me~ the Pn~ns Aefi1919 (No 11 of 1919) i111ii i(b) (Torm m~ a form set forth hi the Sooond Sehedule W i)j

e) ~ ~ the isltIns ~~ mthe Fiir$t ~h~ ~ a

3 ~ibitiltNiot saJe or~n ol~n with_- a ~nte TJn ii~il tliSl ~~~tW11ndeJ the previsioMof thAu_no personshall $~n degl ~ ~ii~1 ~~~r_~ any ~1tO~ except tu~erand m ~ord~n(e wtth thi~ condltiO1liS 1t~iCIaicen ~ed by the Di8tr1ctMiag1strate~n Form A 111c tjt

iffjc~teiin- ~iSian th~rw~ ~n- iampamp1 Ccc~ iiiciii i 5 iO_t_of lte~aud api~tiout~ubj(~ct t9itheipr)Y~iou~t icitii

cml~~ an4 1a licen~ grantelti l~m i(i(u9det rul6 Sc~hall in fOfee fori()n~ i ~~trom c~e 1s~ J~ntJa or h~ ~te of 1)$SU6 If Jater thtlu th~ lst iiii JanD~ the ~1stiiDelt1em~ fOnOWlnI cEvery ~pp1~~ for tne~~i iiji(Ii ~i~~ew~ of tlti~~nce $hallmke~wtit~tIppbMtion to tit District ciw

i ot~~ i iii~ ~~~~~UqI 00 the ~th c 1

(m the wiuat ~

~

~

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f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

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Page 6: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

Pondicherry by Act 26 of 1968 S 3 and Schedule Repealed in its application to Bellary District by Mysore Act 14 of 19552 The words throughout British India rep by the A O 19483 Subs by Act 47 of 1958 s 2 for the former sub-section (2) 4 The words subject to the control of the GG in C rep by the AO 193724(g) the inspection and examination of any such poison when possessed for sale by any such vendor

3Power to prohibit importation into India of any poison except underlicence

3 Power to prohibit importation into India of any poison except under licence The Central Government may by notification in the Official Gazette prohibit except under and in accordance with the conditions of a licence the importation into 1[India] 2[across any customs frontier 3 defined by the Central Government] of any specified poison and may by rule regulate the grant of licences

4Power to regulate possession of any poison in certain areas

4 Power to regulate possession of any poison in certain areas (1) The State Government 4 may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable

(2) In making any rule under sub-section (1) the State Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both together with confiscation of the poison in respect of which the breach has been committed and of the vessels packages or coverings in which the same is found

5Presumption as to specified poisons

5 Presumption as to specified poisons Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act

6Penalty for unlawful importation etc

6 Penalty for unlawful importation etc (1) Whoever--

(a) commits a breach of any rule made under section 2 or

(b) imports 5 without a licence 2[into 1[India] across a customs frontier 3 defined by the Central Government] any poison the importation of which is for the time being restricted under section 3 or

(c) breaks any condition of a licence for the importation of any poison granted to him under section 3

----------------------------------------------------------------------

shall be punishable--

(i) on a first conviction with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both and

1 Subs by Act 47 of 1958 s 3 for the States 2 Ins by the A O 19373 For definition of the customs frontiers of India see Gazette of India 1955 Pt II Sec 3 p 15214 The words subject to the control of the GG in C rep by the AO 19375 The words into British India rep by the AO 193725(ii) on a second or subsequent conviction with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both

(2) Any poison in respect of which an offence has been committed under this section together with the vessels packages or coverings in which the same is found shall be liable to confiscation

7Power to issue search warrants

7 Power to issue search warrants (1) the District Magistrate the Sub-divisional- magistrate and in a presidency-town the Commissioner of Police may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder or that any poison liable to confiscation under this Act is kept or concealed

(2) The person to whom the warrant is directed may enter and search the place in accordance therewith and the provisions of the Code of Criminal Procedure 1898 (5 of 1898) relating to search-warrants shall as far as may be be deemed to apply to the execution of the warrant

8Rules

8 Rules (1) In addition to any other power to make rules hereinbefore conferred 1 the State Government may make rules generally to carry out the purposes and objects of this Act 2[except section 3]

(2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication

(3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act

4[(4) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect

----------------------------------------------------------------------

only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

(5) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the State Legislature]

9Savings

9 Savings (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to or interfere with anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner

(2) Notwithstanding anything hereinbefore contained the State Government may 5 by general or special order declare that all or any of the provisions of this Act 2[except section 3] shall be

1 The words and subject to the control of the G G in C rep by the A O 19372 Ins ibid 3 Subs by para 4 ibid for Gazette of India or the local official Gazette as the case may be Strictly the substitution would read Official Gazette or the Official Gazette as the case may be but the last nine words have been omitted as being obviously redundant 4 Ins by Act 4 of 1986 S 2 and Sch (wef 1551986) 5 The words in its discretion rep ibid

26deemed not to apply to any article or class of articles of commerce specified in such order or to any poison or class of poisons used for any purpose so specified

(3) The authority on which any power to make rules under this Act is conferred may by general or special order either wholly or partially--

(a) exempt from the operation of any such rules or

(b) exclude from the scope of the exemption provided by sub-section (1)

any person or class of persons either generally or in respect of any poisons specified in the order

10Repeal of Act 1 of 190410 [Repeal of Act 1 of 1904] Rep by the Repealing Act 1927(12 of 1927)

~( ~~~ ~1~ tto

~ t

(j

(~gt~

(11 C)

~ft

tttt(U~ tTJUderS~ 80belOWttFamp(~~f the saidrul~Ih foll~ ~tiif( t Cnote shan be l~~rted as Note 1 be1oow thIS ru~ ~yen~nAnlely~ t 1 f t ttyen

~ the ~~ ()fa 9ovemmentse~ant whfJ perforn~$ tIj()utm~1 ti1f4tt 11 l()J)er raJlwar 1~~tbyt b rave1l1n nrt h the elMs (lf ~ t 1 ~ t~ nAA(jmm~i(l~to wm~ he is ~tit1eu ~nd partIr 11t A tiCif)iJwe-r class m$ trav~Wng aJrowanc~claim tf()l 30U~~ (f shquid be t~tricted to ~he am()l1ntQf t~v~tling alloWfli1lt~ tji which tile Gov~~nt $~ant W()UfQtntlVe got haQ tf)i itt

ct C 11nd i1wt~ ~llOi~r r~u~ 1 yen~~~ ~ if~ci1ropoJlona~ttt1S~~e~c t - 4C~ ccitave ~ b t1 i~ by the J~$iof necomtlmdattonactually ~ bythe lltmger ttit

rou~ iilt~fiB ord~j ~l~dim the name ()f thc Go~ruor of M~dh~tI PradeSh yen Viii

M Y GODBOLE ~1 iii~ - ifiif

~ WmR mN ~i ~ ~i iii iif Bhopal the 28th 11Ho-Jaisth~ 7 1882 1iiiii

i -1 b1 v an T- J t l _4I~a I 1 Ui t~~ ~Q ii ~-7~J ~~fCIse UJ ~~~m~tJ~ J)y $qu-S~JO~ j1i1iiii J~t~~~on~ ~d otheri ~W~ir$u~abJing In th1$ ben_Ifi of tbe PO1SOM ii~~iiM~1~19(N()j ~ of 1919)1the8~te ~o~~nt n1Freby mak_) 1~he tol- iiiii~iti o~~i~ei ~ ha~~n pr~V1oosly pubhsbeti as required by Iiiiyeni~iii iSUamp-~tion (I) of ~tion lot theisaidAct fJiii

n UL1pound yenjiiraquo auC) yenC) tii~i ~~ tiamp ~ ~mqee~nt~~ese rules may be ealled th~ fli

foo~ (adha ~Nh) Rule 100deg cii~ c yen cc I Deimt1~-ln these rulM unl- th~ eontext otherw~~ i1j qu~i- c ci

i a)~t me~ the Pn~ns Aefi1919 (No 11 of 1919) i111ii i(b) (Torm m~ a form set forth hi the Sooond Sehedule W i)j

e) ~ ~ the isltIns ~~ mthe Fiir$t ~h~ ~ a

3 ~ibitiltNiot saJe or~n ol~n with_- a ~nte TJn ii~il tliSl ~~~tW11ndeJ the previsioMof thAu_no personshall $~n degl ~ ~ii~1 ~~~r_~ any ~1tO~ except tu~erand m ~ord~n(e wtth thi~ condltiO1liS 1t~iCIaicen ~ed by the Di8tr1ctMiag1strate~n Form A 111c tjt

iffjc~teiin- ~iSian th~rw~ ~n- iampamp1 Ccc~ iiiciii i 5 iO_t_of lte~aud api~tiout~ubj(~ct t9itheipr)Y~iou~t icitii

cml~~ an4 1a licen~ grantelti l~m i(i(u9det rul6 Sc~hall in fOfee fori()n~ i ~~trom c~e 1s~ J~ntJa or h~ ~te of 1)$SU6 If Jater thtlu th~ lst iiii JanD~ the ~1stiiDelt1em~ fOnOWlnI cEvery ~pp1~~ for tne~~i iiji(Ii ~i~~ew~ of tlti~~nce $hallmke~wtit~tIppbMtion to tit District ciw

i ot~~ i iii~ ~~~~~UqI 00 the ~th c 1

(m the wiuat ~

~

~

~

II l

~ CT (~~I ~flN~ AtI~~~~~ng ~~~ c~p~uln~c

f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

  • 1pdf
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  • 3pdf
  • 4pdf
Page 7: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

----------------------------------------------------------------------

shall be punishable--

(i) on a first conviction with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both and

1 Subs by Act 47 of 1958 s 3 for the States 2 Ins by the A O 19373 For definition of the customs frontiers of India see Gazette of India 1955 Pt II Sec 3 p 15214 The words subject to the control of the GG in C rep by the AO 19375 The words into British India rep by the AO 193725(ii) on a second or subsequent conviction with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both

(2) Any poison in respect of which an offence has been committed under this section together with the vessels packages or coverings in which the same is found shall be liable to confiscation

7Power to issue search warrants

7 Power to issue search warrants (1) the District Magistrate the Sub-divisional- magistrate and in a presidency-town the Commissioner of Police may issue a warrant for the search of any place in which he has reason to believe or the suspect that any poison is possessed or sold in contravention of this suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder or that any poison liable to confiscation under this Act is kept or concealed

(2) The person to whom the warrant is directed may enter and search the place in accordance therewith and the provisions of the Code of Criminal Procedure 1898 (5 of 1898) relating to search-warrants shall as far as may be be deemed to apply to the execution of the warrant

8Rules

8 Rules (1) In addition to any other power to make rules hereinbefore conferred 1 the State Government may make rules generally to carry out the purposes and objects of this Act 2[except section 3]

(2) Every power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication

(3) All rules made by the Central Government or by the State Government under this Act shall be published in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act

4[(4) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect

----------------------------------------------------------------------

only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

(5) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the State Legislature]

9Savings

9 Savings (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to or interfere with anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner

(2) Notwithstanding anything hereinbefore contained the State Government may 5 by general or special order declare that all or any of the provisions of this Act 2[except section 3] shall be

1 The words and subject to the control of the G G in C rep by the A O 19372 Ins ibid 3 Subs by para 4 ibid for Gazette of India or the local official Gazette as the case may be Strictly the substitution would read Official Gazette or the Official Gazette as the case may be but the last nine words have been omitted as being obviously redundant 4 Ins by Act 4 of 1986 S 2 and Sch (wef 1551986) 5 The words in its discretion rep ibid

26deemed not to apply to any article or class of articles of commerce specified in such order or to any poison or class of poisons used for any purpose so specified

(3) The authority on which any power to make rules under this Act is conferred may by general or special order either wholly or partially--

(a) exempt from the operation of any such rules or

(b) exclude from the scope of the exemption provided by sub-section (1)

any person or class of persons either generally or in respect of any poisons specified in the order

10Repeal of Act 1 of 190410 [Repeal of Act 1 of 1904] Rep by the Repealing Act 1927(12 of 1927)

~( ~~~ ~1~ tto

~ t

(j

(~gt~

(11 C)

~ft

tttt(U~ tTJUderS~ 80belOWttFamp(~~f the saidrul~Ih foll~ ~tiif( t Cnote shan be l~~rted as Note 1 be1oow thIS ru~ ~yen~nAnlely~ t 1 f t ttyen

~ the ~~ ()fa 9ovemmentse~ant whfJ perforn~$ tIj()utm~1 ti1f4tt 11 l()J)er raJlwar 1~~tbyt b rave1l1n nrt h the elMs (lf ~ t 1 ~ t~ nAA(jmm~i(l~to wm~ he is ~tit1eu ~nd partIr 11t A tiCif)iJwe-r class m$ trav~Wng aJrowanc~claim tf()l 30U~~ (f shquid be t~tricted to ~he am()l1ntQf t~v~tling alloWfli1lt~ tji which tile Gov~~nt $~ant W()UfQtntlVe got haQ tf)i itt

ct C 11nd i1wt~ ~llOi~r r~u~ 1 yen~~~ ~ if~ci1ropoJlona~ttt1S~~e~c t - 4C~ ccitave ~ b t1 i~ by the J~$iof necomtlmdattonactually ~ bythe lltmger ttit

rou~ iilt~fiB ord~j ~l~dim the name ()f thc Go~ruor of M~dh~tI PradeSh yen Viii

M Y GODBOLE ~1 iii~ - ifiif

~ WmR mN ~i ~ ~i iii iif Bhopal the 28th 11Ho-Jaisth~ 7 1882 1iiiii

i -1 b1 v an T- J t l _4I~a I 1 Ui t~~ ~Q ii ~-7~J ~~fCIse UJ ~~~m~tJ~ J)y $qu-S~JO~ j1i1iiii J~t~~~on~ ~d otheri ~W~ir$u~abJing In th1$ ben_Ifi of tbe PO1SOM ii~~iiM~1~19(N()j ~ of 1919)1the8~te ~o~~nt n1Freby mak_) 1~he tol- iiiii~iti o~~i~ei ~ ha~~n pr~V1oosly pubhsbeti as required by Iiiiyeni~iii iSUamp-~tion (I) of ~tion lot theisaidAct fJiii

n UL1pound yenjiiraquo auC) yenC) tii~i ~~ tiamp ~ ~mqee~nt~~ese rules may be ealled th~ fli

foo~ (adha ~Nh) Rule 100deg cii~ c yen cc I Deimt1~-ln these rulM unl- th~ eontext otherw~~ i1j qu~i- c ci

i a)~t me~ the Pn~ns Aefi1919 (No 11 of 1919) i111ii i(b) (Torm m~ a form set forth hi the Sooond Sehedule W i)j

e) ~ ~ the isltIns ~~ mthe Fiir$t ~h~ ~ a

3 ~ibitiltNiot saJe or~n ol~n with_- a ~nte TJn ii~il tliSl ~~~tW11ndeJ the previsioMof thAu_no personshall $~n degl ~ ~ii~1 ~~~r_~ any ~1tO~ except tu~erand m ~ord~n(e wtth thi~ condltiO1liS 1t~iCIaicen ~ed by the Di8tr1ctMiag1strate~n Form A 111c tjt

iffjc~teiin- ~iSian th~rw~ ~n- iampamp1 Ccc~ iiiciii i 5 iO_t_of lte~aud api~tiout~ubj(~ct t9itheipr)Y~iou~t icitii

cml~~ an4 1a licen~ grantelti l~m i(i(u9det rul6 Sc~hall in fOfee fori()n~ i ~~trom c~e 1s~ J~ntJa or h~ ~te of 1)$SU6 If Jater thtlu th~ lst iiii JanD~ the ~1stiiDelt1em~ fOnOWlnI cEvery ~pp1~~ for tne~~i iiji(Ii ~i~~ew~ of tlti~~nce $hallmke~wtit~tIppbMtion to tit District ciw

i ot~~ i iii~ ~~~~~UqI 00 the ~th c 1

(m the wiuat ~

~

~

~

II l

~ CT (~~I ~flN~ AtI~~~~~ng ~~~ c~p~uln~c

f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

  • 1pdf
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Page 8: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

----------------------------------------------------------------------

only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

(5) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the State Legislature]

9Savings

9 Savings (1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to or interfere with anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner

(2) Notwithstanding anything hereinbefore contained the State Government may 5 by general or special order declare that all or any of the provisions of this Act 2[except section 3] shall be

1 The words and subject to the control of the G G in C rep by the A O 19372 Ins ibid 3 Subs by para 4 ibid for Gazette of India or the local official Gazette as the case may be Strictly the substitution would read Official Gazette or the Official Gazette as the case may be but the last nine words have been omitted as being obviously redundant 4 Ins by Act 4 of 1986 S 2 and Sch (wef 1551986) 5 The words in its discretion rep ibid

26deemed not to apply to any article or class of articles of commerce specified in such order or to any poison or class of poisons used for any purpose so specified

(3) The authority on which any power to make rules under this Act is conferred may by general or special order either wholly or partially--

(a) exempt from the operation of any such rules or

(b) exclude from the scope of the exemption provided by sub-section (1)

any person or class of persons either generally or in respect of any poisons specified in the order

10Repeal of Act 1 of 190410 [Repeal of Act 1 of 1904] Rep by the Repealing Act 1927(12 of 1927)

~( ~~~ ~1~ tto

~ t

(j

(~gt~

(11 C)

~ft

tttt(U~ tTJUderS~ 80belOWttFamp(~~f the saidrul~Ih foll~ ~tiif( t Cnote shan be l~~rted as Note 1 be1oow thIS ru~ ~yen~nAnlely~ t 1 f t ttyen

~ the ~~ ()fa 9ovemmentse~ant whfJ perforn~$ tIj()utm~1 ti1f4tt 11 l()J)er raJlwar 1~~tbyt b rave1l1n nrt h the elMs (lf ~ t 1 ~ t~ nAA(jmm~i(l~to wm~ he is ~tit1eu ~nd partIr 11t A tiCif)iJwe-r class m$ trav~Wng aJrowanc~claim tf()l 30U~~ (f shquid be t~tricted to ~he am()l1ntQf t~v~tling alloWfli1lt~ tji which tile Gov~~nt $~ant W()UfQtntlVe got haQ tf)i itt

ct C 11nd i1wt~ ~llOi~r r~u~ 1 yen~~~ ~ if~ci1ropoJlona~ttt1S~~e~c t - 4C~ ccitave ~ b t1 i~ by the J~$iof necomtlmdattonactually ~ bythe lltmger ttit

rou~ iilt~fiB ord~j ~l~dim the name ()f thc Go~ruor of M~dh~tI PradeSh yen Viii

M Y GODBOLE ~1 iii~ - ifiif

~ WmR mN ~i ~ ~i iii iif Bhopal the 28th 11Ho-Jaisth~ 7 1882 1iiiii

i -1 b1 v an T- J t l _4I~a I 1 Ui t~~ ~Q ii ~-7~J ~~fCIse UJ ~~~m~tJ~ J)y $qu-S~JO~ j1i1iiii J~t~~~on~ ~d otheri ~W~ir$u~abJing In th1$ ben_Ifi of tbe PO1SOM ii~~iiM~1~19(N()j ~ of 1919)1the8~te ~o~~nt n1Freby mak_) 1~he tol- iiiii~iti o~~i~ei ~ ha~~n pr~V1oosly pubhsbeti as required by Iiiiyeni~iii iSUamp-~tion (I) of ~tion lot theisaidAct fJiii

n UL1pound yenjiiraquo auC) yenC) tii~i ~~ tiamp ~ ~mqee~nt~~ese rules may be ealled th~ fli

foo~ (adha ~Nh) Rule 100deg cii~ c yen cc I Deimt1~-ln these rulM unl- th~ eontext otherw~~ i1j qu~i- c ci

i a)~t me~ the Pn~ns Aefi1919 (No 11 of 1919) i111ii i(b) (Torm m~ a form set forth hi the Sooond Sehedule W i)j

e) ~ ~ the isltIns ~~ mthe Fiir$t ~h~ ~ a

3 ~ibitiltNiot saJe or~n ol~n with_- a ~nte TJn ii~il tliSl ~~~tW11ndeJ the previsioMof thAu_no personshall $~n degl ~ ~ii~1 ~~~r_~ any ~1tO~ except tu~erand m ~ord~n(e wtth thi~ condltiO1liS 1t~iCIaicen ~ed by the Di8tr1ctMiag1strate~n Form A 111c tjt

iffjc~teiin- ~iSian th~rw~ ~n- iampamp1 Ccc~ iiiciii i 5 iO_t_of lte~aud api~tiout~ubj(~ct t9itheipr)Y~iou~t icitii

cml~~ an4 1a licen~ grantelti l~m i(i(u9det rul6 Sc~hall in fOfee fori()n~ i ~~trom c~e 1s~ J~ntJa or h~ ~te of 1)$SU6 If Jater thtlu th~ lst iiii JanD~ the ~1stiiDelt1em~ fOnOWlnI cEvery ~pp1~~ for tne~~i iiji(Ii ~i~~ew~ of tlti~~nce $hallmke~wtit~tIppbMtion to tit District ciw

i ot~~ i iii~ ~~~~~UqI 00 the ~th c 1

(m the wiuat ~

~

~

~

II l

~ CT (~~I ~flN~ AtI~~~~~ng ~~~ c~p~uln~c

f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

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Page 9: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

~( ~~~ ~1~ tto

~ t

(j

(~gt~

(11 C)

~ft

tttt(U~ tTJUderS~ 80belOWttFamp(~~f the saidrul~Ih foll~ ~tiif( t Cnote shan be l~~rted as Note 1 be1oow thIS ru~ ~yen~nAnlely~ t 1 f t ttyen

~ the ~~ ()fa 9ovemmentse~ant whfJ perforn~$ tIj()utm~1 ti1f4tt 11 l()J)er raJlwar 1~~tbyt b rave1l1n nrt h the elMs (lf ~ t 1 ~ t~ nAA(jmm~i(l~to wm~ he is ~tit1eu ~nd partIr 11t A tiCif)iJwe-r class m$ trav~Wng aJrowanc~claim tf()l 30U~~ (f shquid be t~tricted to ~he am()l1ntQf t~v~tling alloWfli1lt~ tji which tile Gov~~nt $~ant W()UfQtntlVe got haQ tf)i itt

ct C 11nd i1wt~ ~llOi~r r~u~ 1 yen~~~ ~ if~ci1ropoJlona~ttt1S~~e~c t - 4C~ ccitave ~ b t1 i~ by the J~$iof necomtlmdattonactually ~ bythe lltmger ttit

rou~ iilt~fiB ord~j ~l~dim the name ()f thc Go~ruor of M~dh~tI PradeSh yen Viii

M Y GODBOLE ~1 iii~ - ifiif

~ WmR mN ~i ~ ~i iii iif Bhopal the 28th 11Ho-Jaisth~ 7 1882 1iiiii

i -1 b1 v an T- J t l _4I~a I 1 Ui t~~ ~Q ii ~-7~J ~~fCIse UJ ~~~m~tJ~ J)y $qu-S~JO~ j1i1iiii J~t~~~on~ ~d otheri ~W~ir$u~abJing In th1$ ben_Ifi of tbe PO1SOM ii~~iiM~1~19(N()j ~ of 1919)1the8~te ~o~~nt n1Freby mak_) 1~he tol- iiiii~iti o~~i~ei ~ ha~~n pr~V1oosly pubhsbeti as required by Iiiiyeni~iii iSUamp-~tion (I) of ~tion lot theisaidAct fJiii

n UL1pound yenjiiraquo auC) yenC) tii~i ~~ tiamp ~ ~mqee~nt~~ese rules may be ealled th~ fli

foo~ (adha ~Nh) Rule 100deg cii~ c yen cc I Deimt1~-ln these rulM unl- th~ eontext otherw~~ i1j qu~i- c ci

i a)~t me~ the Pn~ns Aefi1919 (No 11 of 1919) i111ii i(b) (Torm m~ a form set forth hi the Sooond Sehedule W i)j

e) ~ ~ the isltIns ~~ mthe Fiir$t ~h~ ~ a

3 ~ibitiltNiot saJe or~n ol~n with_- a ~nte TJn ii~il tliSl ~~~tW11ndeJ the previsioMof thAu_no personshall $~n degl ~ ~ii~1 ~~~r_~ any ~1tO~ except tu~erand m ~ord~n(e wtth thi~ condltiO1liS 1t~iCIaicen ~ed by the Di8tr1ctMiag1strate~n Form A 111c tjt

iffjc~teiin- ~iSian th~rw~ ~n- iampamp1 Ccc~ iiiciii i 5 iO_t_of lte~aud api~tiout~ubj(~ct t9itheipr)Y~iou~t icitii

cml~~ an4 1a licen~ grantelti l~m i(i(u9det rul6 Sc~hall in fOfee fori()n~ i ~~trom c~e 1s~ J~ntJa or h~ ~te of 1)$SU6 If Jater thtlu th~ lst iiii JanD~ the ~1stiiDelt1em~ fOnOWlnI cEvery ~pp1~~ for tne~~i iiji(Ii ~i~~ew~ of tlti~~nce $hallmke~wtit~tIppbMtion to tit District ciw

i ot~~ i iii~ ~~~~~UqI 00 the ~th c 1

(m the wiuat ~

~

~

~

II l

~ CT (~~I ~flN~ AtI~~~~~ng ~~~ c~p~uln~c

f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

  • 1pdf
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  • 3pdf
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Page 10: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

~

~

~

II l

~ CT (~~I ~flN~ AtI~~~~~ng ~~~ c~p~uln~c

f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

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Page 11: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

~

~

II l

~ CT (~~I ~flN~ AtI~~~~~ng ~~~ c~p~uln~c

f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

  • 1pdf
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Page 12: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

~

II l

~ CT (~~I ~flN~ AtI~~~~~ng ~~~ c~p~uln~c

f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

  • 1pdf
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Page 13: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

II l

~ CT (~~I ~flN~ AtI~~~~~ng ~~~ c~p~uln~c

f

b~~~~tI~~~q~~nt ~()2per cout W~IIi]~~ w~rraquo r c ~ MtI~~t1~~) c) ~h(l~ytilNu~tT_ 1

(l~y~~tion ~tnJ P1c~t~ f~td~ ~c ~~ t~ 8BOOt~~~Y~E ci

roaM A i ii

(j~~~ J jit J~~fe~ur t8Jeor~~- ~~~~-~~J JjCW~ ~~~~~~) ~tedund~J~~ ()fJ ~

i~~J~~Ac~ 1$t9tjfil1d~~tt i1 1c1 i ~ii~ r

Itri~t c1 i i a9~ori$l1r ihjt()P$f~r~~~ or tit~i~le of

t i$~f~ h1S ~1~ft bu$~$Ior

tC i ctMT~sjl at4-Jo~)M~~Ci$I~~cat 4ik~A~ ~ iit o1 t 4- Oq ~Aft~tN oty~ 11 wt~c~$yenrICiicOI 4i ~~~ w yent~ JVraquo_I~y_~~tyent

icJ ~tiU~~M~l ~~ni~ f~r~ y - c c 11_amp A-TLiW o~ ~~ tlYi~llhA1f ~ c c CC

I ~~i~M shmt~~phjj~eme athi~MUPD ~ It c c 1 ft)o c t~ tt 4tA +

tr c~l1~~fillau uav~~~~~~wr~I~~ o~~~ e(i~SflW$ ~c ot~~~t pf~~f~OP1amp $~~ ~nr in l~ribJe ch~t1 in the c

h~c~ th~~uimoot1 ~f bll Uc~~~~an~wrd~ j t1l~i~J Ot1 tltl~O~~$fltlyen $m~ iXl_Sfc tc iOj cc c 11 c c iJ fteUoon $fI~f~~ r~~b~fot1lJl 3cets~raquo~ ~ff~utampfrii

rvtmtamp ccc c c iicioc C) i ic c ciL i c i 1ft~I~~n_lblJlil~rthwjampU pound 1 cclfve jnfo~tI~n ~ttnen~lrt ~1 c c t -W~tJIWt~ sor t$eTti~i In qua~f Yfclamp~y PltIf$()f) iCIt ct~ 01 it ic -1~ t~amp ~ lilt c~ ct AZci

~ici+It ~b~i $b~l 0 _(jcdW~

~~i~r)~yS ltlfibi~i~Viiiln tb~_~ distri~~1 c iiii ri~~ii Uce~ c$h~ ~~pl1~~th d i~i~~n fInd d~tifn$ ~~i

if ~tz~- - 4$ c ~ llZ__~ oLcti~~~~orjty gran~Jlr ttJ~iIf~i ii it~I~c sh_~ b~~f ~di~~1~cltl1cth~cwW1~ ~ yenei )it~ ~f thf ip~j$()Qi~t~ 111Iand ~nt- ~th~~d

cci ~~p poundI ii i a~- f ~~~raquo) W1~t tc ~fcvt)cCJ~c 1- i) i i Ci fAai iipound c~~~it ii ii iciiici iii ciciiii Cji

pj~ ic ii c iclj~lt~ln and dJ~tiamprtoffh~ri c n~~

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

  • 1pdf
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Page 14: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

~ ~u ~1 r ~ --tt~o ~J ~ FORM B fi f8j4 $Ubrule ~~(~) Of rule 9]

p~ tor tM ~c1I4i8 of CJ ~ I

Jr ~

(to tie retained in Distfi(jt ~)

N ~ and complete addreaa of tne Nme aM OOtnpieM issuedpersonQuantity and the poison for ~ whDro ~

i~le() PtuPCSe ~ j~ tDate onwhichisaued

Datj (f expiry if not ~earl~ This ~t fI~pi~ ~ Signature of Issuing Authority if not used earlier

~riCt M~ate ()f

Name of poison

FORMC (BH nIJe 12)

M~thlll Stock ~~ ~ Naroe of Poison =-

a-lpta

~I ~I

9 tJI I a i

~~ a ~a ~ ~

8 I Ii i 1

~ -

~

  • 1pdf
  • 2pdf
  • 3pdf
  • 4pdf
Page 15: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed

~

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Page 16: IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL … › sites › default › files › documents › ...1937.24.(g) the inspection and examination of any such poison when possessed
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