1. Poisons Act
CHNB

2. Introduction:
Special provisions are needed to deal with the substances that are poisonous.
It was in 1904 that the first Act to control some operations over poisonous substances was passed in India as Poisons Act, 1904.
The scope of this Act was highly limited as it sought to restrict any legal interface with the legitimate industries at that time.
It soon became evident that the control afforded by the Act over traffic in poisons was highly inadequate.
The U.P. Govt. in 1910, as well as in 1914, proposed some radical amendments in the Act to make it more effective, to entrust control over poisons in the local government.
This view of the U.P. Govt. was supported by many other local Governments.
As such the 1904 Act was replaced by a new Act.
The Poisons Act, 1919 was passed on 3rd September, 1919 with the object of tightening the control over traffic in poisons.

3. Import of poisons:
The import of poisons is permitted only under the authority of a license granted for the purpose by the central Govt.
Persons licensed to import poisons, should import them across one of the defined customs frontiers and in accordance.

4. Possession and sale of poisons:
The state governments may, by making rules, regulate
the possession and sale of poisons,
whether wholesale or retail,
within whole or specified areas of their territories.
Such rules may provide for:
The grant of licenses to possess any specified poison for whole sale or retail and fixing of the fee to be paid for such licenses.
The classes of persons to whom such poisons may be sold.
The maximum quantity of any such poison which may be sold to any one person.
Sales registers to be maintained by the vendors of such poison, the particulars to be entered in such registers and the inspection of the same.

5. The safe custody of such poisons and the labelling of vessels, packages or coverings in which any such poison is sold or possessed for sale.
The poisons and the records maintained for their sale are subject to inspection, by persons, authorized in this behalf by the state governments.
The state governments are also empowered to regulate the possession of any specified poison in any local area, where such poison is used for murders or mischief or for poisoning cattle and where such occurrences are very frequent.

6. Penalties for offences:
Anyone, who imports or possesses or sells any poison, except as provided under the Act, shall be liable to punishment with imprisonment which may extend to 3 months or to affine upto Rs. 500 or both on first conviction.
On subsequent conviction imprisonment up to 6 months or a fine up to Rs or both on any subsequent conviction.
Anyone, who possesses any poison, whose possession has been forbidden by the state govt. shall be liable to imprisonment, which may extend to 1year or with fine up to 1000 or both.
Any poison in respect of which an offence has been committed, together with the vessels, packages or coverings in which the poison is found, are liable to confiscation.

7. Issue of warrants:
The district magistrate and sub divisional magistrates, and in presidency town, the commissioner of police, may issue a warrant for the search of any place in which he has reason to believe that any poison is possessed or sold in contravention of the Act, or any rule thereunder.
The persons, to whom the warrants are directed, have the power to enter and search the places in accordance with the warrant and the provisions of the code of criminal procedure.

8. Rules:
The central as well as state Governments are empowered to make rules to give effect to various provisions of the Act.