Section 12
General penalty
(1)
Subject to subsection (2), any person who commits an offence against this Act or any regulation made under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence he shall be liable on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2)
Any body corporate who commits an offence against this Act or any regulation made under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding fifty thousand ringgit, and for a second or subsequent offence it shall be liable on conviction to a fine not exceeding one hundred thousand ringgit.
Forfeiture of drugs upon conviction 13.
In the case of any conviction under this Act the court shall order that any drug to which the conviction relates and any similar drug found on the defendant’s premises or in his possession at the time of the commission of the offence, together with all packages or vessels containing the same, shall be forfeited and shall be disposed of in such manner as the Chief Minister may direct.
Notification of conviction in newspapers 14.
A notification of the name and occupation of any person who has been convicted of any offence against this Act together with his place or places of business, the nature of the offence and the fine, forfeiture, or other penalty inflicted shall, if the court so orders, be published in any newspaper circulating in Malaysia or in any part thereof, and the cost of such publication may be recovered from such person as a civil debt.
PRESUMPTIONS OF LAW
Adulteration 15.
For the purposes of this Act any drug shall be deemed to be adulterated if—
(a)
it contains or is mixed or diluted with any substance which diminishes in any manner its beneficial properties as compared with such article in a pure and normal state and in an undeteriorated and sound condition or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer;
(b)
any substance or ingredient has been extracted or omitted therefrom and by reason of such extraction or omission the beneficial properties of the article as sold are less than those of the article in its pure and normal state or the purchaser or consumer is or may be in any manner prejudiced;
(c)
it contains or is mixed or diluted with any substance of lower commercial value than such article in a pure and normal state and in an undeteriorated and sound condition;
(d)
if it contains any substance which renders the drug injurious to health; or
(e)
it does not comply with the standard therefor prescribed by any regulations made under this Act.
Sale of Drugs 13