The Jammu and Kashmir Poisons Act, 1920

1. (3) Any substance specified as a poison in a rule made under this section shall be deemed to be a poison for the purposes of this Act.

Powers to prohibit importation into the State of white arsenic except under licence.--[The Government] may, by notification in the Jammu and Kashmir Government Gazette, prohibit, except under and in accordance with the conditions of a licence, the importation of white arsenic into the State and may, by rule, regulate the grant of licences and prescribe the conditions to be imposed thereby.

Power to regulate possession for sale of white arsenic throughout the State.--

1. (1) [The Government] may, by rule, regulate within the whole or any part of the State the possession for sale and the sale, whether wholesale or by retail, of any white arsenic.
2. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), rules made thereunder may provide, amongst other matters for all or any of the matters in section 2, sub-section (2).
3. (3) Rules made under this section may further provide that no person shall sell any powdered white arsenic unless the same is, before the sale thereof, mixed with soot, in the proportion of half an ounce of soot, at least to one pound of the white arsenic, and any greater or less quantity, so mixed, without such admixture, in a quantity of not less than ten pounds at any one time.

Power to regulate possession of white arsenic in any local area.--

1. (1) [The Government] may further, by rule, regulate the possession of white arsenic in any local area in which murder by poisoning with that drug or the offence of mischief by poisoning cattle therewith appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable.
2. (2) In making any rule under sub-section (1), [the 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 white arsenic in respect of which the breach has been committed, and of the vessels, packages or coverings in which the same is found.

Power to apply Act to other poisons.--

1. (1) [The Government] may, by notification in the Jammu and Kashmir Government Gazette, apply to any specified poison other than white arsenic all or any of the provisions of this Act relating exclusively to white arsenic.
2. (2) Any substance specified as a poison in a notification issued under sub-section
3. (1) shall be deemed to be a poison for the purposes of this Act.

Penalty for unlawful importation, etc.--

1. (1) Whoever,--
   • (a) commits a breach of any rule made under section 2 or section 4, or
   • (b) imports into the State, without a licence, white arsenic the importation of which is for the time being restricted under section 3, or
   • (c) breaks any condition of a licence for the sale of white arsenic 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
     • (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. (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, and, in the case of any offence mentioned in clause
   • (b) or clause
   • (c) of sub-section (1), any animals and conveyances used in carrying it, shall be liable to confiscation.

Power to issue search-warrant.--

1. (1) The District Magistrate and the Sub-Divisional Magistrate, respectively, may issue a warrant for the search of any place in which he has reason to believe or to 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. (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 relating to search warrants shall, as far as may be, be deemed to apply to the execution of the warrant.

Rules.--

1. (1) In addition to any other power to make rules hereinbefore conferred, [the Government] may make rules generally to carry out the purposes and objects of this Act.
2. (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. (3) All rules made by [the Government] under this Act shall be published in the Jammu and Kashmir Government Gazette and on such publication shall have effect as if enacted in this Act.

Savings.--

1. (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 or business as such--
   • (a) by a medical or veterinary practitioner,
   • (b) by a chemist or druggist duly qualified to act as such under the law for the time being in force in the State, or
   • (d) subject to any rules for the time being in force, by a tanner or hide-merchant. Omitted.

¹¹ Omitted