PROHIBITION OF MISLEADING ADVERTISEMENTS RELATING TO DRUGS

Section 4 of the Act prohibits misleading advertisements relating to drugs. Accordingly no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matter which:

(a) Directly or indirectly gives a false impression regarding true character of the drug; or

(b) Makes a false claim for the drug; or

(c) Is otherwise false or misleading in any material particular.

Prohibition of Advertisement of Magic Remedies

This Act also prohibits the advertisement of magic remedies for treatment of certain diseases and disorders. According to the Act, no person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any

advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3.

PROHIBITION OF IMPORT INTO AND EXPORT FROM INDIA OF ADVERTISEMENTS:

Section 6 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. prohibits import into and export from India of certain advertisements. No person shall import into or export from India any document containing an advertisement of the nature referred to in Section 3 or Section 4 or section 5 as discussed above. It is also prohibited of import into and export from India any documents containing any such advertisements shall be deemed to be goods of which the import and export has been prohibited under Section 19 of the Sea Customs Act, 1878. All the provisions of the Sea Customs Act, 1878 shall have effect accordingly.

PENALTY:

Any person contravenes any of the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is punishable by the Act. It takes two forms such as:

(a) In the case of a first conviction, with imprisonment which may extend to six months, or with fine, or with both;

(b) In the case of a subsequent conviction, with imprisonment which may extend to one year or with fine, or with both. (Section 7 of the Act).

SEARCH AND SEIZURE:

Any person authorized by the State Government is empowered under the Act to enter, search, seize and examine any record register, document. Under Section 8 of the Act, any Gazetted

Officer authorized by the State Government may:

(a) Enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed;

(b) Seize an advertisement, which he has reason to believe contravenes any of the provisions of this Act;

(c) Examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.

There are provisions in Code of Criminal Procedure, 1973 relating to search or seizure. These provisions are also equally applicable to any search or seizure under Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.