State Act

The West Bengal Drugs ( Control ) Act, 1950

12. (1) If in the opinion of the State Government it is necessary or expedient so to do, it may by order in writing— (a) prohibit the disposal of any drug except in such circumstances and under such conditions as may be specified in the order; (b) direct the sale of any drug to any such dealer or class of dealers and in such quantities as may be specified in the order; (c) requisition any drug (whether at the place of import or at any other place); and make such further orders as appear to it to be necessary or expedient in connection with any order issued under this sub-section. (2) Where the State Government has requisitioned any drug under sub-section (1), it may use or deal with the drug in such manner as may appear to it to be expedient, and may acquire it by serving on the owner thereof, or, where the owner is not readily traceable or the ownership is in dispute, by publishing in the Official Gazette a notice stating that the State Government has decided to acquire it in pursuance of this section. (3) Where a notice of acquisition is served on the owner of the drug or published in the Official Gazette under sub-section (2), then at the beginning of the day on which the notice is so served or published, the drug shall vest in the State free from any encumbrance and the requisition thereof shall be deemed to have ended. (4) Whenever in pursuance of this section, the State Government requisitions or acquires any drug, the State Government shall pay to the owner thereof such amount as compensation as in the opinion of the State Government fairly represents the loss caused to the owner by such requisition or acquisition. (5) The State Government may, with a view to requisitioning any drug under sub-section (1) or determining the compensation payable under sub-section (4), by order— (a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the drug as may be so specified; (b) direct that the owner of the drug shall not, without the permission of the State Government, dispose of it till the expiry of such period as may be specified in the order.