MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION

(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________
Important Instructions to examiners:
1) The answers should be examined by key words and not as word-to-word as given in the model answer
scheme.
2) The model answer and the answer written by candidate may vary but the examiner may try to assess the
understanding level of the candidate.
3) The language errors such as grammatical, spelling errors should not be given more Importance (Not
applicable for subject English and Communication Skills.
4) While assessing figures, examiner may give credit for principal components indicated in the figure. The
figures drawn by candidate and model answer may vary. The examiner may give credit for anyequivalent
figure drawn.
5) Credits may be given step wise for numerical problems. In some cases, the assumed constant values may
vary and there may be some difference in the candidate’s answers and model answer.
6) In case of some questions credit may be given by judgement on part of examiner of relevant answer based
on candidate’s understanding.
7) For programming language papers, credit may be given to any other program based on equivalent concept.

Page 1/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

Q. Sub Q. Answer Marking

No N. Scheme
1 Answer any EIGHT of the followings: 16M (2x8)

1 a) Give Ex-officio members of Joint state Pharmacy Council.

The following are ex-officio members: 2M
1) Chief administrative medical officer of each participating state.
2) Officer in-charge of the Drug Control Organization of each participating state.
3) Government Analyst appointed under D&C Act, 1940 of each participating state.
1 b) Define Advertisement Under DMR Act 1954
Advertisement: It includes 2M
i) Any notice, circular, label, wrapper or otherwise such document, and
ii) Any announcement made orally or by means of producing or transmitting light, sound
or smoke.
1 c) State any two measures for combating abuse of narcotic drugs and illicit traffic.
Central Government under the provisions of this Act, may take the measures with 1M
respect to all or any of the following matters: - for each,
Any two
i. Co-ordination of actions by various officers, State Government and other authorities points
under this act or under any other law for the time being in force relating to enactment of
the Act.
ii. Obligations under the international conventions.
iii. Assistance to the concerned authorities in foreign countries and concerned
international organizations regarding prevention and suppression of illicit traffic and
narcotic drugs and psychotropic substances.
iv. Controlling the abuse of narcotic drugs and psychotropic substances.
v. Identifying, treating, rehabilitation, education and social re-interaction of addicts.
vi. Supplying drugs to addicts where such supply is a medical necessity.
vii. Such other matters for effective implementation of this Act and preventing and
combating the abuse of narcotic drugs and psychotropic substances and illicit traffic

Page 2/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

therein.

1 d) How retails price of formulation is calculated under DPCO Act-1995.

By applying the following formula, the retail price of the formulation is calculated:

1 M for
R.P. = (M.C.+ C.C.+ P.M. + P.C.) x (1+ MAPE/100) + ED Formula,
Where:
R.P.: - Means retail price.
M.C.:- Means material cost.
1 M for
C.C.:- Means conversion cost. Full Form
P.M.:- Means the cost of packing material.
P.C.:- Means packing charges.
MAPE: - Maximum allowable post manufacturing expenses.
MAPE shall not exceed 100% for indigenously scheduled formulations.
E.D.:- Means excise duty.
1 e) Give any two difference between Bonded and Non-bonded Laboratory:
Sr No Bonded Laboratory Non - Bonded Laboratory
1 It means the premises or any part of It means the premises or any part of 1M
the premises approved & licensed for the premises approved & licensed for for Each,
Any two
the manufacture & storage of the manufacture & storage of points
medicinal & toilet preparations medicinal & toilet preparations
containing alcohol, opium, Indian containing alcohol, opium, Indian
hemp & other narcotic drugs or hemp & other narcotic drugs or
narcotics on which duty has not narcotics on which duty has been
been paid. paid.
2 Excise duty payable on removal of Excise duty payable at the time of
goods from bonded laboratory. spirit purchase.
3 Bonded laboratory to function under No excise staff is required.
excise staff

Page 3/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

4 License required should be obtained License required should be obtained

from Excise Commissioner. from the officer as the State
Government may authorize on this
behalf.
5 Alcohol on which duty has not been Only the alcohol on which duty has
paid shall be used under the excise already been paid shall be used.
supervision.
6 Suitable for large scale manufacture. Suitable for small scale manufacture.

1 f) Define Guardian and Owner under MTP Act, 1971.

Definition of "Guardian" 1M
means a person having the care of a minor or a lunatic.
OR
Person having the care of the ‘person of minor’ or a ‘mentally ill person’ {Sec. 2(a)}
Definition of "Owner"
Owner in relation to place, means any person who is the administrative head or otherwise
responsible for the working or maintenance of such Hospital or clinic. 1M

g) Give the objectives of DMR Act, 1954

Objectives:- 2M
i) To control certain types of advertisements relating to drugs &
ii) To prohibit certain kinds of advertisement relating to Magic Remedies, which falsely
claim & mislead public.
iii) To provide matter related therewith.
1 h) Mention any four conditions of license for sale of Schedule H and schedule X drug
under D and C, 1940.
Sale of Drugs specified in Schedule H and schedule X: 2M
1)Substances specified in Schedule H and schedule X should not be sold by retail and
sold only in accordance with the prescription of RMP. In case of substances specified in

Page 4/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

Schedule X, the prescription should be duplicate, one copy of which is retained by

licensee and preserved for at least for two years.
2)Drugs from Schedule H and schedule X, supplied to Registered Medical Practitioner,
Hospitals, Dispensaries and Nursing Homes, shall be supplied only against signed written
order and such order should be preserved for at least for two years.
3)A prescription of RMP against which drugs from Schedule H or Schedule X, supplied
should:
i)Be in writing and signed by the person giving it, with his usual signature and be dated.
ii)Specify the name and address of the patient or name and address or owner of the animal
if drug is for veterinary use.
iii)Indicate the total amount of drugs supplied and doses to be taken.
1 i) State what does following prescribe under D and C Act, 1940:
i) Form 20A
ii) Form 20G
(i) Form 20A- License issued in Restricted area For the sale of Drugs other than sch. C, 1M
C(1) and X.

1M
(ii) Form 20G- License issued for Wholesale of Drugs specified in Sch. X

1 j) Discuss any two functions of P. C. I.

Functions of PCI:-
1) To prescribe the minimum standard of education required for qualification as a
1 M each,
Pharmacist (This can be provided by making rules as Education Regulation which Any two
prescribes minimum qualification for admission, duration of course, details of syllabus,
practical training, & examination, minimum facilities required for the conduct of course,
examination & practical training)
2) To regulate minimum educational standard. (for this purpose, Council appoints
Inspectors to inspect the institutions providing the minimum standards in education in
pharmacy & report on the facilities available & decides whether the institution should be

Page 5/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

recognized or not)
3) To recognize qualification granted outside the territories to which Pharmacy Act,1948
extends for the purpose of qualifying for registration under the said Act
4) To compile & maintain a Central Register for Pharmacist containing names of all
persons for the time being entered in the state register.
5) Any other functions that may be assigned to the Central Council in the furtherance of
the objective of the Pharmacy Act,1948.
1 k) Give objectives of Pharmacy Act, 1948
The main objective of Pharmacy Act is- 2M
i) To regulate the profession and practice of pharmacy and
ii) To raise the status of profession of pharmacy in India.

1 l) Define “Formulation”
Formulation means a medicine processed out of, or containing one or more bulk drug or
drugs with or without the use of any pharmaceutical aids, for internal or external use in
2M
the diagnosis, treatment, mitigation or prevention of disease in human beings or animals,
but it does not include -
(a) any medicine included in any bonafide Ayurvedic (including Sidha) or Unani (Tibb)
systems of medicines.
(b) any medicine included in the Homeopathic system of medicine; and
(c) any substance to which the provisions of the Drugs and Cosmetics Act, 1940 (23 of
1940) do not apply.
2 Answer any FOUR of the followings: 12 (4X3)

2 a) What is DEC? Give its recommendations.

The Indian Government formed a ‘Drug Enquiry Committee’ (D.E.C. or Chopra
Committee) in 1930 under the Chairmanship of Lt. Col. R. N. Chopra to study problems 1M
related to drugs in India.
Following are some important recommendations of DEC-
1) Formation of Central Pharmacy Councils & State Pharmacy Councils which would

Page 6/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

look after the education & training of professionals. These councils would maintain the
register containing the names & addresses of the Registered Pharmacists. 2M, any 2
2) Creation of Drug Control Machinery (Departments) at the Centre with the branches in
all the states.
3) Establishment of well-equipped Central Drug Laboratory (CDL) with competent staff
and experts for an efficient and speedy working of Drug Control Department. It was also
suggested that the small laboratories would work under the guidance of Central Drug
Laboratory.
2 b) Define Adulterated Drug under D and C Act, 1948.
A drug shall deemed to be adulterated-
i) If it consists, in whole or in part, of any filthy, putrid or decomposed substance, or, 3M
ii) If it has been prepared, packed or stored under insanitary conditions whereby it may
have been contaminated with filth or whereby it may have been rendered injurious to
health, or,
iii) If its container is composed in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health; or
iv) If it bears or contains, a colour other than prescribed which may be used for the
purpose of colouring only; or
v) If it contains any harmful or toxic substance which may render it injurious to health; or
vi) If any substance mixed with it so as to render its quality or strength.
2 c) Define Magic Remedies and give exempted advertisement
Magic Remedies- It includes Talisman, Mantra, Kavach and any other charm claiming
to possess miraculous power,
1 M for
i. for diagnosis, treatment and prevention of any disease in human being and in animal or Definition
ii. for affecting or altering the structure or organic function of the body of human being or
animal.
Classes of exempted advertisements:
2 M, Any 4
1. Any advertisements relating to the drugs printed or published by the Government or
any other person with prior permission of the Government.

Page 7/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

2. Any advertisement relating to a drug which is sent confidentially in the prescribed

manner to registered medical practitioner.
3. Advertisements including any book or treatise dealing with any matter relating to the
diseases, disorders or conditions which are otherwise prohibited provided published from
bonafide scientific or social point of view.
4. Displayed signboards or notices by registered medical practitioners on his premises
indicating that the treatment is undertaken for any any disease, disorders or conditions
specified in the schedule to this Act or in the rules made under this Act.
5. Advertisements relating to the drugs which comply with the required conditions as
follows:
(a) Leaflets or literature along with packing of drugs; or advertisements of drugs in
medicinal,
pharmaceutical, scientific and technical journals
(b) Therapeutic index or price list published by licensed manufacturer, importer or
distributer of drugs or medical literature distributed by medical representatives.
With conditions that:
i) The advertisement should contain only the information required for the guidance of
registered medical practitioner regarding:
(a) therapeutic indications;
(b) route of administration;
(c) dosage and side effects of such drug or drugs; and
(d) the precautions to be taken in treatment with the drug
ii) The distribution of such literature should be given to registered medical practitioner,
dispensaries, hospitals, medical and research institutions, chemists and druggists or
pharmacies.
2 d) Discuss the operations controlled by Central government under NDPS Act, 1985.
i) Government shall fix from time to time the limits within which licences may be given ½ M each,
for the cultivation of opium poppy. any6
ii) All opium, the product of land cultivated with the opium poppy shall be delivered by

Page 8/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

the cultivators to the officers authorized on behalf of Central Government.

iii) The Central Government may from time to time fix the price to be paid to the
cultivators from the opium delivered.
iv) The rules may prescribe the forms and conditions of licenses or permits for the
manufacture, possession, transport, import inter-state, export inter-state, sale, purchase,
consumption or use of psychotropic substances. The rules may also prescribe the
authorities granted and the fees that may be charged therefor.
v) The rules may prescribe the forms and conditions of licences for cultivation of the
opium poppy and for the production and manufacture of opium. The rules may also
prescribe the fees that may be charged therefore the authorities by which such licences
may be granted, withheld, refused or cancelled and the authorities before which appeals
against the orders of withholding, refusal or cancellation of licences shall lie.
vi) The rules may prescribe that opium shall be weighed, examined and classified
according to its quality and consistence by the officers authorized in this behalf by the
Central government in the presence of the cultivator at the time of delivery by the
cultivator.
vii) The rules may provide for the weighment, examination and classification according
to the quality and consistence of the opium received at the factory and the deductions
from or addition to the standard price to be made in accordance with the result of such
examinations.
viii)The rules may prescribe the forms & conditions of license for the manufacture of
manufactured drugs, the authorities by which such licenses may be granted & fees that
may be charged therefore;
ix)Rules may require that delivered opium by cultivator, if found as a result of
examination in the Central Government factory to be adulterated, may be confiscated by
the officers authorized in this behalf.
x)The rules may prescribe the ports & other places at which any kind of narcotic drugs or
psychotropic substances may be imported into India or exported from India or
transhipped.

Page 9/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

2 e) Give offences and Penalties under Pharmacy Act, 1948.

1) Falsely claiming to be Registered Pharmacist: Any person whose name is not
entered in the register falsely claims to be a registered pharmacist or uses in connection
1 M each,
with his name any words or letters to suggest that his name is so entered in the register is any 3
punishable with fine up to five hundred rupees on first conviction, and with imprisonment
upto six months or with fine up to thousand rupees or both on any subsequent conviction.
The use of description such as ‘Pharmacist’, ‘Chemist’, ‘Druggist’, ‘Pharmaceutist’,
‘Dispenser, ‘Dispensing Chemist’ or any combination of such words by a person
indicates that his name is entered in the register of a state.
2) Dispensing by unregistered persons: The persons other than registered pharmacist
dispensing any medicine for patients is liable for punishment with imprisonment upto six
months or with fine upto one thousand rupees or with both.
3) Failure to surrender certificate of registration: Is also punishable with fine upto
fifty rupees.
4) Obstructing State Pharmacy Council Inspectors :-
Penalties :- Shall be deemed guilty of an offence & may be punished with imprisonment
upto six month or fine upto 1000 Rs or both

2 f) State the various rules prescribed by State Govt. for possession, possession for sale
and for sale of poisonous substances under Poison Act, 1919.
The State Govt. may regulate the Possession & Sale of poison within the state. The sale
3M
may be wholesale or retail. The rules may be applicable for the whole or any part of the
territories under the administration of the state.
Such a rules may provide for-
i) Grant of licenses for the possession of any specified poison for sale, either wholesale or
retail.
ii) Fixing of fees to be charged for such a licenses
iii) The classes of persons to whom the licenses for the possession & Sale of poisons are
to be granted.

Page 10/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

iv) Maximum quantity of such poison which may be sold any person
v) Maintenance of Register for the sale of poisons & inspection of the same.
vi) Safe custody of poisons & the labelling of the vessel, coverings or packages in which
such poison is sold or stored for sale.
vii) Inspection & Examination of any such poison possessed for sale by any vendor.
3 Answer any FOUR of the followings: 12M(3x4)

3 a) Discuss the role of DTAB with its constitution (only Ex-officio members).
Role of DTAB:
i)To advice the Central Govt. & state Govt. On technical matters arising out of the
administration of this Act & 1M
ii)To carry out the other functions assigned to it by this act.
Ex-officio members of DTAB:
1) The Director General of Health Services, who shall be Chairman of the board.
2) The Drugs Controller of India. 2M
3) The Director of the Central Drugs Laboratory, Calcutta.
4) The Director of the Central Research Institute, Kasauli.
5) The Director of Indian Veterinary Research Institute, Izatnagar.
6) The Director of Central Drug Research Institute, Lucknow.
7) The President of Medical Council of India.
8) The President of the Pharmacy Council of India.
3 b) Describe labeling provisions under D and C Act, 1940 for the following:
i) Hair dyes ii) Vaccines

(i)Labeling Provisions of Hair dyes

Hair dyes containing paraphenylene diamine or other coal tar dyes or coal tar
intermediates should be labeled with the following words (On outer and the inner labels ).
1½ M
‘’Caution: This product contains ingredients which may cause skin irritation in certain
cases & so a preliminary test according to the accompanying directions should first be
made. The product should not be used for dyeing the eye-lashes or eye-brows; as such use

Page 11/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

may cause blindness’’.

In addition, the following instructions in English & other local language should appear on
each package of Hair dyes.
‘‘This preparation may cause serious inflammation of the skin in some cases & so a
preliminary test should always be carried out to determine whether or not special
sensitivity exists. To make the test, cleanse a small area of skin behind the ear or upon the
inner surface of the forearm, using either soap & water or alcohol. Apply a small quantity
of the hair dye as prepared for use to the area & allow it to dry. After twenty four hours,
wash the area gently with soap & water. If no irritation or inflammation is apparent, it
may be assumed that no hypersensitivity to the dye exists.
The test should, however, be carried out before each & every application. This
preparation should on no account be used for dyeing eyebrows or eye-lashes as severe
inflammation of the eye or even blindness may result.’’
ii) Vaccines-
Labelling Provisions of Vaccines:
(a) The label on the on the container shall display: 1½ M
(i) The name of vaccine (Proper name).
(ii) the batch number or lot number
(iii) The total number of doses in the container or contents in milliliters.
(iv) Potency.
(v) Expiry date.
(b) In addition to above information, the label on the package shall show:
(i) Proper name.
(ii) Contents in Millilitres or doses.
(iii) Batch number.
(iv) The name and address manufacturer.
(v) Manufacturing licence No.
(vi) The date of manufacture & date of expiry.
(vii) Storage conditions.

Page 12/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

3 c) Give procedure for price fixation or revision of Bulk drug under DPCO 1995.

Under the provisions of DPCO 1995 to achieve the objectives of this order, Government
has power to fix maximum sale price and also to revise the prices of bulk drugs after
obtaining necessary information from a manufacturer or importer.
3M
While fixing sale prices of such bulk drugs, the govt. shall take into consideration
i) A post-tax return of 14% on net worth or
ii) A return of 22% on capital employed or
iii) For a new plant, a return of 12% based on long term marginal costing
iv) In cases where the production is from basic stage, a post-tax return of 18% on net
worth or 26% on capital employed, depending upon option for rates of return
exercised by manufacturer.
No person shall sell a bulk drug at a price exceeding the maximum sale price fixed as per
provisions of this order plus local taxes if applicable.
After commencement of this order, if any manufacturer commences production of any
scheduled bulk drug, he has to furnish the details in form I & any additional information
to the govt. within 15 days.
After receipt of such information & making necessary enquiry as it deems fit, Govt. may
fix the maximum sale price of bulk drug & notify in the official Gazette.
Govt. may also fix or revise the price of any non scheduled bulk drug on public interest.
Manufacturer or importer of such bulk drug shall not sale such non scheduled bulk drug
at a price exceeding the price so fixed or revised

3 d) Explain role of Pharmacist in Healthcare.

i) All the pharmacists working in different fields of profession are directly or indirectly
3M
related to nation’s health.
ii) Community pharmacist and hospital pharmacists are health professionals for the safe
and effective use of drugs.
iii) Pharmacy occupies an important position in the health care system. So the pharmacist

Page 13/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

should be well equipped with knowledge of drugs, their handling system & legal aspects
as well as principles of quality assurance applied to medicine product.
iv) Pharmacist is legally held responsible for the quality of product which ismanufactured
and distributed.
v) They supply medicines against prescriptions. They counsel patients at the time of
dispensing prescriptions. The pharmacists also participate in health programmes.
vi) They provide link between Physician & Patient
vii)They are able to advice patients with minor illness viii)The profession of Pharmacy
presently consist of
• Industrial pharmacist
• Hospital pharmacist
• Academic pharmacist
• Community pharmacist
ix)Pharmacist has to play an important role in areas such as:
1. Prescription adherence.
2. Storage and distribution of drugs.
3. Drug choice.
4. Drug monitoring.
5. Information and education.
6. Clinical pharmacokinetics.
7. Research and development and many other health activities

3 e) Differentiate between Law and ethics. 1M each,

any3
Sr. Law Ethics
No.
1 Rules of human conduct binding Rules by which a profession regulates
on all persons in a state or action & sets standards for all its
nation. members.

Page 14/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

2 Law may prevent one from Helping the neighbour is the function of
causing injury to another but it ethics.
cannot force him to help his
neighbor in hours of need.
3 A law is something you must Ethics is how society expects you to
obey. behave.
4 Law deals with actions that are Ethics deals with right & wrong.
punishable.
5 Laws are written & approved Ethics are also written words but they are
documents. not carrying legal status.

6 If law is broken, a violator may If rules of ethics are broken, the

be subjected to punishment, a professional body may subject the violator
fine or imprisonment. to loss of professional privileges.
3 f) Define “Cannabis” and “Opium Derivative” under NDPS acr, 1985.

Cannabis (hemp) means-

i)Charas, which is a resin in crude or purified form obtained from the cannabis plant
1½ M
which includes concentrated preparation & resin known as hashish oil or liquid hashish.
ii)Ganja, which comprises of flowering or fruiting tops of the cannabis plant (excluding
the seeds and leaves when not accompanied by the tops.
iii)Any mixture with or without any neutral material of ganja or charas or any drink
prepared from them.
Opium Derivative: It includes
1½M
i) Medicinal opium.
ii) Prepared opium.
iii) Phenanthrene alkaloids such as morphine, codeine, thebaine & their salts.
iv) Diacetyl morphine ( heroin) & its salts.
v) All preparations containing more than 0.2% of morphine or any amount of diacetyl
morphine.

Page 15/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

4 Answer any FOUR of the followings: 12M(3x4)

4 a) How Diploma in Pharmacy Institute in India are approved by central council.

Application by institution/ authority to the Pharmacy Council of India (PCI): An
institution which conducts course of study or hold an examination for the pharmacist, has
to apply to the PCI for approval of the course or examination.
3M
Inspection:
i)PCI after receiving such application appoints the inspectors to visit the institution &
confirm that whether the institution has the prescribed facilities as per the E R or not.
ii) Inspectors may also attend any examination, to judge its standards without interfering
with its conduct.
iii)The inspector then report to the PCI on the facilities available in the institution & on
the conduct & standard of the examinations held.
Approval:
i)On the reports of the inspectors if the PCI is satisfied that the course or examination
under consideration is in conformity with ER, it may grant approval to it &
ii)The said course of examination shall be considered as approved for qualifying for
registration as pharmacist under the act.
Declaration:
Declaration of approval made by resolution is passed at a meeting of the PCI &
published in the Official Gazette.
4 b) Define “Drug Inspector”. Give his powers under D and C Act, 1940.

Drug Inspector means-

i) In relation to Ayurvedic, Siddha or Unani drug, an person appointed by the Central
or State Government under section 33-G; & 1M
ii) In relation to any other drug or cosmetic, a person appointed by the Central or State
Government under section 21

Page 16/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

Powers of Drug Inspector

Within the local limits for which the Inspector is appointed, he may:
2M, any4
i) Inspect -
Any premises wherein any drug or cosmetic is being manufactured. And also he may
inspect the means employed for standardizing and testing the drug or cosmetic.
Any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or
offered for sale, or distributed.
ii) Take samples of any drug or cosmetic-
Which is being manufactured or being sold or is stocked or exhibited or offered for
sale, or is being distributed.
From any person, conveying, delivering or preparing to deliver any drug or cosmetic
to a purchaser or a consignee.
iii) Search any person any person in connection with the offence under this Chapter at
all reasonable times.
iv) Enter and Search at all reasonable times any place or premises in which he has
reason to believe an offence is being committed or has been committed.
v) Stop and search any vehicle, vessel or other conveyance which he has reason to
believe, used for carrying any drug or cosmetic in respect of which an offence has
been or is being committed.
vi) Give order in writing to the person in possession of the drug or cosmetic in respect
of which the offence has been or is being committed, not to dispose of any stock of
such drug or cosmetic for a specified period not exceeding twenty days or unless the
defect may be removed by the possessor of the drug or cosmetic, & may seize the
stock of such drug or cosmetic or any substance or article used to carry drug.
vii) Examine any record, register, document or any other material object found while
exercising above powers & seize the same if he has reason to believe that it is an
evidence of the commission of an offence under the Act.
viii) Exercise any other powers as may be necessary for carrying out the purposes of this

Page 17/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

act & the rules made thereunder.

If any person willfully obstructs an Inspector in the exercise of the powers conferred
upon him by or under this Chapter he shall be punishable with imprisonment which
may extend to three years or with fine or with both.
4 c) Give requirements of Bonded Laboratory.
Requirements of bonded laboratory -The bonded laboratory should have -
1) The spirit store (if a distillery or rectified spirit warehouse from which rectified spirit
3M
is made available, is not attached with the laboratory.)
2) Room or rooms for manufacture medicinal preparations.
3) One or more rooms for storing finished medicinal preparations.
4) A separate room or arrangement for manufacture of toilet preparations.
5) The storage room for the finished toilet preparations.
6) Accommodation near the entrance for the officer in-charge with necessary furniture.
7) Every room in the bonded laboratory should bear a board indicating the name of the
room & serial number.
8) The pipes form sinks or wash basins in the laboratory should be connected with the
general drainage of the laboratory.
9) The arrangements of gas & electric connections should be such that their supply can
be cut off at the end of day’s work.
10) Every window in the laboratory would specific arrangement of malleable iron rods of
prescribed dimensions and the window should be covered on the inside with strong
wire netting of mesh not exceeding 25mm.
11) There shall only one entrance to the bonded laboratory & one door to each of its
compartments.
12) All vessels intended to hold alcohol & other liquid preparations should bear
distinctive serial no. with their full capacity marked individually.
13) The vessels for storage of alcohol, opium, Indian hemp and other narcotic drugs and
all the finished preparations on which duty has not been paid should bear excise
ticket locks.

Page 18/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

4 d) Define “Poison” under Poisons Act, 1919 and give its classification.

Poison- Any substance specified as a poison in rule made or notification issued under this
Act, is considered to be poison for the purpose of this Act. 1M -Def

Classification of Poisons:
The poison act (12 of 1919) in Maharashtra the rules has been framed as Maharashtra
Poisons Rules, 1972 and these include a Schedule giving a list of poisons, Class A and
Class B, covered by the Poison Act. Class A poisons generally are those which have
2M for any
medicinal use while Class B poisons do not have any medicinal use. classificati
Class A/ List A poisons: Aconite, Aconine, Arsenic, Atropine, Belladonna, Cantharides, on , any 2
e.g. from
Chloral hydrate, Coca, Corrosive Sublimate, Potassium cyanide, Diamorphine (Heroin), each
Diethyl barbituric Acid, Digitalis, Ecogonine, Ergot of Rye, Lead, Nux Vomica,
Strychnine, Morphine, Pectrotoxine, Prussic acid, Savin and its oils, Stramonillan,
Stropanthus, StropanthinTartar emetic, Tetraethyl lead.
Class B/ List B poisons: Essential oils of Almonds(unless deprived of prussic Acid),
Antimonial wines, all salts of Barium, except Barium sulphate, Tincture of Contharides,
Carbolic acid, Chloroform, Mercuric Sulphocyanide, Oxalic acid, Poppies, All oxides of
Mercury, Sulphonal, Zinc Chloride.
Or
Classification of Poisons:
As per Dr. R. S. Naik professor of Forensic Medicine, M G Institute of Medical sciences,
Wardha. No classification of poison is entirely satisfactory, as many poisons fall into
more than one group, however the classification given below:-
1)Corrosive :- group consist of strong acids and strong alkalis like, hydrochloric acid,
oxalic acids, carbolic acids, salicylic acid, caustic soda, caustic potash

2)Irritants:- chlorine, bromine, iodine, boron, arsenic, antimony, mercury, lead, copper,
zinc, magazine.
3)Neurotics:- alcohol, ether, chloroform, barbiturates, organophosphorus compounds,
4) Cardiac:- digitalis, oleander, aconite, tobacco.

Page 19/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

5)Asphyxiants;- irrespirable gases, such as coal gas, carbon monoxide, carbon dioxide,
sewer gas and war gases.
6) Miscellaneous :- aspirin, phenacetin, paracetamol, quinine, chlorpromazine,
meprobamate, reserpine, amphetamine, LSD, Peyote, mescaline.

4 e) Discuss Pharmacist in relation to his trade.

1) Price Structure -
i) Prices charged from customers should be fair and in keeping with the quality of 3M
drugs & medical preparations supplied.
ii) The compounding & dispensing charges should be fair & without unduly taxing the
purchaser.
2) Fair Trade Practices -
i) No attempt should be made to capture the business of a fellow pharmacist by cut-
throat competition, i.e. by offering reduced price, prizes or gifts
ii) Labels, trademarks, symbols and other signs of fellow pharmacist should not be
copied.
iii) Drugs or other ingredients required should always be purchased from reputable
source.
3) Hawking of Drugs -
i) Hawking of drugs and medicinal should not be allowed.
ii) Any attempt should not be made to collect the orders from door to door.
iii) Self-servicing method in pharmacy or drug - stores should not be allowed as it may
encourage self-medication which is undesirable & dangerous.
4) Advertising and Displays -
No display or advertisement on the premises, in the newspaper or elsewhere regarding the
abilities & services provided the pharmacy.
Pharmacist should not make such advertisement which contains-
i) Misleading, or exaggerated statements or claims.
ii) The word "Cure" in reference to an ailment or symptoms of ill-health.

Page 20/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

iii) A guarantee of therapeutic efficacy.

iv) An appeal to fear.
v) An offer to refund money paid.
vi) A prize, competition or similar scheme.
vii) A reference to sexual weakness, premature ageing.
4 f) Describe the labeling requirement of ophthalmic preparation under D and C Act,
1940.

Ophthalmic Solutions and Suspensions –

The following additional particulars shall be shown on the label of container- 2M
i) The statement ‘Use the solution within one month after opening the container’.
ii) Name and concentration of the preservative used.
iii) The words ‘NOT FOR INJECTION’.
iv) Special instructions regarding storage, wherever applicable.
v) A cautionary legend reading as:
WARNING-
i) If irritation persists or increases, discontinue the use & consult physician.
ii) Do not touch the dropper tip or other dispensing tip to any surface since this may
contaminate solutions”.
Ophthalmic Ointments
1M
i) Special instructions regarding storage wherever applicable.
ii) A cautionary legend reading
Warning - If irritation persists or increases discontinue the use and consult physicians.
5 Answer any FOUR of the followings: 12M(3x4)

5 a) Define “Registered Pharmacist” and “Displaced person” under Pharmacy Act, 1948.
Registered pharmacist: means a person whose name for the time being is entered in the
register of the pharmacists of the state in which he is for the time being residing or
1½ M for
carrying on his profession or business of pharmacy. Each def
Displaced person:-

Page 21/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

Displaced person mean

i) A person who on account of setting up of dominions of India and Pakistan or on
account of civil disturbances or the fear of such disturbances in area now forming part of
Pakistan has on or after 1st day of March 1947, left or been displaced from his place of
residence in such area and who has since then been residing in India.
ii) Any person who on account of civil disturbances or the fear of such disturbances in
area now forming part of Bangladesh, has after 14th day of April, 1957 but before 25th day
March 1971, left or has been displaced from his place of residence in such area and who
has since then been residing in India.
b) Define “Networth” and “Free Reserve”.
Networth -It means the paid-up share capital of a company plus free reserve,
if any and surpluses excluding outside investment which are not readily available for 1½ M for
operational activity Each,
Free reserve- means a reserve created by appropriation of profits, but does not include
reserves provided for contingent liability, disputed claims, goodwill, revaluation and
other similar reserves.
c) Give various particulars required to be mentioned in application for obtaining
license for manufacture in bond.
Following are the particulars which should be submitted in the application for obtaining
3M
license to manufacture in bond. any 6
i) Name and address of applicant, place and site on which bonded lab is proposed to be
built.
ii) If the application be a firm, the name and address of all partners of firm.
iii) If it be company, its registered the name and address, as well as name and address of
directors, managers and managing agent should be specified, amount of capital proposed
to be invested.
iv) Number and full description of vats, stills and other permanent apparatus and
machinery which applicant wishes to set up together with the maximum quantity of
alcohol at any one time to remain in the form of finished and unfinished preparations &

Page 22/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

maximum quantities by weight of opium, Indian hemp or other narcotic drugs or narcotics
and their contents in finished preparations.
v) The approximate date from which the applicant desires to commence the manufacture.
Statement whether the laboratory will require a whole time excise officer or part time.
vi) List of preparations stating percentage of alcohol contained & license held under D&C
Act 1948.
vii) Site and elevation plan of laboratory building and similar plans for the quarters of the
excise officer together with relevant record.
d) Discuss objectionable advertisement under Drugs and Magic Remedies Act, 1954.
1) Advertisement of drugs which may lead to its/their use for the treatment of
certain diseases and disorders -
3M,
i) For procurement of miscarriage or prevention of conception in women; or
any 3
ii) For the correction of menstrual disorders in women; or
iii) For the maintenance or improvement of the power of human beings for sexual
pleasure. Or
iv) For diagnosis, cure, alleviation, treatment or prevention of any disease or disorder or
condition specified in the schedule or in rules made under the Act.
2) Advertisement of Magic Remedies for treatment of certain diseases or disorders
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 I as above.
3) Misleading advertisements in relation to drugs, which -
i)Directly or indirectly gives false impression regarding true character of drug or drugs; or
ii)Make any false claims for such drug or drugs
iii) Is otherwise false or misleading in any material are prohibited.
iv) Ayurvedic remedies to cure liver disorders & memory enhancement.
4) Prohibition of advertisements of Magic Remedies for the treatment of certain
diseases -

Page 23/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

Publication of any advertisement related to any Magic Remedy which directly or

indirectly claim to be effective for any of the purposes is prohibited
e) Which are different circumstances under which pregnancy can be terminated
under MTP At, 1971?
1) Consent:-
No pregnancy shall be terminated by a RMP without the consent of the pregnant women 3M
except:
i) When the pregnant woman is less than 18 yrs. of age or
ii) The pregnant woman is lunatic.
In case of pregnant woman who is minor or lunatic, the pregnancy may be terminated
with a written consent of her guardian.
2) Duration of pregnancies:
1) A pregnancy may be terminated if it is not more than 12 weeks old & a medical
practitioner is of the opinion that continuation of such pregnancyi)
May involve a serious risk to the life of pregnant woman, & would result into serious
injury to the physical or mental health of the pregnant woman,
ii) The child to be born would be seriously handicapped due to physical or mental
abnormalities.
2) A pregnancy may be terminated when the length of the pregnancy is more than 12
weeks old but not more than 20 weeks old & not less than 2 RMPs are of the same
opinion as above.
3) A pregnancy of any duration may be terminated by RMP when is of the opinion that
such termination is immediately necessary to save the life of pregnant women.
3) Other cases:-
The pregnancy caused due to rape or due to failure of contraceptive device used by any
married woman or her husband for the purpose of family planning.
f) Give the functions of Central Drug Laboratory.
1) To analyse or test the samples of drugs or cosmetics sent to it by Custom collectors or 3 M , any 6
any other authorized officers or courts
2)To carry out such other duties as may be entrusted to it by Central or State Govt. after

Page 24/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

consultation with the DTAB

3) In case of the following drugs or classes of drugs, function of CDL carried out at the
Central Research Institute, Kasauli, and such functions are exercised by the Director of
the said Institute:-
Sera, Solution of serum proteins intended for injection, Vaccines, Toxins, Antigens, Anti-
toxins, Sterilized surgical ligature and sterilized surgical suture & Bacteriophages.
4)The functions regarding Oral Polio Vaccine are exercised by the Deputy Director &
Head of the Polio Vaccine Testing Laboratory in case of Central Research Institute
Kasauli.
5) In case of the following drugs or classes of drugs shall be carried out at the Indian
Veterinary Research Institute, Izatnagar or Mukteshwar. Such functions are exercised by
the Director of either of the said institutes:
Anti-sera, Vaccines, (Toxoids, Diagnostic Antigens for veterinary use.
6) In case of condoms the functions of CDL are carried out at the Central Indian
Pharmacopoeia Laboratory, Ghaziabad, and such functions are exercised by the Director
of the said Laboratory.
7)In case of VDRL Antigen (Veneral Disease Ref. Lab.) the functions of CDL are
carried out at Laboratory of the Serologist and Chemical Examiner to the Government of
India, Calcutta and the functions are excersied by Director of Serologist and Chemical
Examiner of the said Laboratory.
8)In respect of Intrauterine Devices and Felope Rings, the functions of laboratory shall be
carried out at the Central Drug Testing Laboratory, Thane, Maharashtra and such
functions shall be exercised by the Director of the said Laboratory.
9)In respect of human blood and human blood products including components, to test for
freedom of HIV antibodies, shall be carried out by the following Institutes, Hospitals and
such functions are exercised by the head of the respective Institutes-
a) National Institutes of Communicable Disease, Department of Microbiology, Delhi.
b) National Institute of Virology, Pune
c) Centre of Advanced Research in Virology, Christian Medical College, Vellore.]

Page 25/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

10)In respect of Homoeopathic medicines the function of CDL carried out at the
Homoeopathic Pharmacopoeia Laboratory, Ghaziabad and such functions are exercised
by the Director of the said laboratory
11) In respect of Blood Grouping reagent and diagnostic kits for Human
Immunodeficiency Virus, Hepatitis B Surface Antigen and Hepatitis C Virus the function
of CDL carried out at the National Institute of Biologicals, NOIDA and such functions
are exercised by the Director of the said laboratory.
6 Answer any FOUR of the followings 16M (4x4)
6 a) What are Education Regulations? Mention various particular under it.
Subject to the provision of section 10 of Pharmacy Act, 1948, Central Council after 1 M
approval of Central Government may make regulations prescribing the minimum standard Meaning
of education required for qualification as a pharmacist is called Education Regulations
Education Regulations may prescribe –
i) Minimum qualification for admission to the course. 3M
ii) Nature & period of course of study. Explanation

iii) Nature and period of practical training to be undertaken after the completion of
regular course. (Not less than 500 hrs. covered in a minimum of 3 months in an
Institution, Hospital, Pharmacy or Dispensary recognized by Central Govt.)
iv) The subjects of examination and the standards to be attained therein.
v) The equipment and facilities to be provided by the institutions for the students
undergoing approved course of study.
vi) Conditions to be fulfilled by institutions giving practical training.
vii) Conditions to be fulfilled by authorities holding approved examinations.
Central Council before submitting the ER or any amendment thereof, as the case may
be to the Central Government for approval, sends copies of draft of ER to all State
Governments. Then ER is published in official Gazette by Central Government
6 b) What does Sch H and Sch X to the D and C rules prescribed? Give any two example
of each.
Schedule H- Prescription drugs which are required to be sold by retail only on the
prescription of a RMP. 1M for
Schedule
Page 26/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

& 1M for
Examples- Abacavir,Abciximab, Acamprosate Calcium, Acebutolol Hydrochloride¸ e.g. any 2
Aclarubicin, Albendazole, Alclometasone Dipropionate, Actilyse, Acyclovir, Adenosine,

Adrenocorticotrophic Hormone (Acth), Alendronate Sodium, Allopurinol, Alpha

chymotrypsin, Alprazolam, Amlodipine, Analgin, Androgenic Anabolic, Oestrogenic &

Progestational Substances, Antibiotics, , Bacampicillin, Baclofen, Balsalazide,

Bambuterol, Barbituric Acid, Basiliximab, Benazepril Hydrochloride, Benidipine

Hydrochloride, Benserazide Hydrochloride, Betahistine Dihydrochloride, Bethanidine

Sulphate, Bezafibrate, Bicalutamide, Biclotymol, Bifonazole, Bimatoprost, Biperiden

Hydrochloride, Biphenyl Acetic Acid, Bitoscanate, Bleomycin, Brimonidine Tartrate,

Bromhexine Hydrochloride, , Cabergoline, Calcium Dobesilate, Candesartan,

Capecitabine, Captopril, Carbidopa, Carbocisteine, Carboplatin, Carboquone,

Carisoprodol, L-Carnitine, Carteolol Hydrochloride, Cefazolin Sodium, Cefuroxime,

Celecoxib, Centchroman, Centbutindole, Centpropazine, Cetirizine Hydrochloride,

Vinblastine Sulphate, Vindesine Sulphate, Vinorelbine Tartrate, Xipamide, Zidovudine

Hydrochloride, Ziprasidone Hydrochloride, Zoledronic Acid, Zolpidem, Zopiclone,

Zuclopenthixol, Trapidil, Tegaserod Maleate, Teicoplanin, Telmisartan, Temozolamide,

Terazosin, Terbutaline Sulphate, Terfenadine, etc. ( Any other e.g. specified under

schedule H to be considered)

Schedule X- List of habit forming, psychotropic and other such drugs.

1M for
Schedule
& 1M for
Examples:-
e.g. any 2
Amobarbital, Ethclorvynol , Phencycidine ,Amphetamine, Phenometrazine
Barbital, Glutethimide, Cyclobarbital,Secobarbital ,Meprobamate, Methamphetamine
Penobarbital, Methaqualone, Pentobarbital, Dexamphetamine ,Methylphenidate

Page 27/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

6 c) Give offences and penalties under DMR Act, 1954.

Offences & Penalties under Drugs & Magic Remedies (O.A.) Act,1954

Offence- 1) Contravention of any of the provision of this Act or Rules-

2M
Penalties: Imprisonment 6 month or with fine or with both on 1st conviction.
Imprisonment 1 year or with fine or with both on subsequent conviction

Offence-2) In case of contravention of the provisions of the Act by a company, every

person who at the time of the commission of the offence, was in-charge of & was 2M
responsible for the conduct of company business shall be deemed to be guilty & liable for
the punishment
However, such person is not liable for the punishment if he proves that the offence was
committed without his knowledge or he has taken all the precautions to prevent that the
commission of such offence.
6 d) Define “R.M.P” under MTP Act 1971. Explain various training and experiences for
him under the act.
Registered Medical Practitioner- A medical practitioner who possesses any recognized
medical qualification as defined in clause (h) of section 2 of the Indian Medical Council
2 M for
Act, 1956 whose name has been entered in a State Medical Register & who has such
def.
experience or training in gynecology & obstetrics as the case may be prescribed by rules
under this Act.

Experience or training :- 2M
For the purpose of the act, the RMP should possess one or more of the following Explanation
experience or training in gynecology and obstetrics –
a)If he was registered in a state medical register immediately before the commencement
of the act, experience in the practice of gynaecology and obstetrics for not less three
years.
b)A medical practitioner, registered in a state Medical Register on or after the date of
commencement , can terminate the pregnancy.

Page 28/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

i)If he has completed six months of house surgency in gynaecology and obstetrics; or
ii)If he has experience at any hospital for not less than one year in the practice of
gynaecology and obstetrics; or
iii)If he has assisted a RMP in the performance of twenty five cases of medical
termination of pregnancy in a hospital established or maintained , or a training institute
approved by the Government, for this purpose.
c)In the case of medical practitioner who has been registered in a state medical register
and who holds a post graduate degree or diploma in gynaecology and obstetrics, the
experience or training gained during the course of degree or diploma is considered.

6 e) Explain various ethics to be followed by a person while dealing with the

prescription. 4M
i) Prescriptions should not be discussed with patients or others regarding the merits and
demerits of their therapeutic efficiency.

ii) After receiving the prescriptions, a pharmacist should not even show any expression on
his face so that the patients will lose their faith in the physicians or prescribers.

iii) No addition, omission or substitution of ingredients in a prescription should be made

without the consent of prescriber or physician whenever possible except in an emergency.

iv) In case of any error in the prescription, it should be referred back to the prescriber for
necessary correction.

v) If at all change in prescription is necessary in the interest of the health of the patient, it
should not affect the reputation of the physician.

vi) A pharmacist should not recommend any particular prescriber unless he is specially
asked to do so.

6 f) Give penalties for various offences and under NDPS Act, 1985.
Offences and penalties are- 1 M for
1. Punishment for contravention in relation to poppy straw. -Whoever, in each, Any
Page 29/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

contravention of any provisions of this Act or any rule or order made or condition of a 4
license granted thereunder, produces, possesses, transports, imports inter-State, exports
inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does
any act in respect of warehoused poppy straw shall be punishable,-
(a) where the contravention involves small quantity, with rigorous imprisonment for a
term which may extend to one year, or with fine which may extend to ten thousand rupees
or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater
than small quantity, with rigorous imprisonment for a term which may extend to ten years
and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment
for a term which shall not be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees.
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupee
2. Punishment for contravention in relation to coca plant and coca leaves.-Whoever,
in
contravention of any provision of this Act or any rule or order made or condition of
license granted thereunder, cultivates any coca plant or gathers any portion of a coca plant
or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State
or uses coca leaves shall be punishable with rigorous imprisonment for a term which may
extend to ten years or with fine which may extend to one lakh rupees.

Page 30/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

3.Punishment for contravention in relation to prepared opium :-Whoever, in

contravention of any provision of this Act or any rule or order made or condition of
license granted there under ,manufactures, possesses, sells, purchases, transports,
imports inter- State, exports inter-State or uses prepared opium shall be punishable,
(a) where the contravention involves small quantity, with rigorous imprisonment for a
term which may extend to one year, or with fine which may extend to ten thousand
rupees, or with both;
(b) where the contravention involves quantity lesser than commercial quantity but
greater than small quantity, with rigorous imprisonment for a term which may extend to
ten years and with fine which may extend to one lakh rupees; or
(c) where the contravention involves commercial quantity, with rigorous imprisonment
for a term which shall not be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one lakh rupees which may
extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupees.
4. Punishment for contravention in relation to opium poppy and opium: -Whoever,
in contravention of any provision of this Act or any rule or order made or condition of
license granted there under, cultivates the opium poppy or produces, manufactures,
possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses
opium shall be punishable,
(a) where the contravention involves small quantity, with rigorous imprisonment for a
term which may extend to one year, or with fine which may extend to ten thousand
rupees, or with both;
(b) where the contravention involves commercial quantity, with rigorous imprisonment
for a term which shall not be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one lakh rupees which may
extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine

Page 31/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

exceeding two lakh rupees;

(c) in any other case, with rigorous imprisonment which may extend to ten years and
with fine which may extend to one lakh rupees.
5. Punishment for embezzlement of opium by cultivator. -Any cultivator licensed to
cultivate the opium poppy on account of the Central Government who embezzles or
otherwise illegally disposes of the opium produced or any part thereof, shall be
punishable with rigorous imprisonment for a term which shall not be less than ten years
but which may extend to twenty years and shall also be liable to fine which shall not be
less than one lakh but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupees.
6. Punishment for contravention in relation to cannabis plant and cannabis.-
Whoever, in contravention of any provisions of this Act or any rule or order made or
condition of license granted there under,
(a) cultivates any cannabis plant; or
(b) produces, manufactures, possesses, sells, purchases, transports, imports inter- State,
exports inter-State or uses cannabis, shall be punishable
[(i) where such contravention relates to clause (a) with rigorous imprisonment for a term
which may extend to ten years and shall also be liable to fine which may extend to one
lakh rupees; and
(ii) where such contravention relates to sub-clause (b),-
(a) and involves small quantity, with rigorous imprisonment for a term which may
extend to, one year or with fine, which may extend to ten thousand rupees, or with both;
(b) and involves quantity lesser than commercial quantity but greater than small
quantity, with rigorous imprisonment for a term which may extend to ten years, and
with fine which may extend to one lakh rupees.
(c) and involves commercial quantity, with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to twenty years and shall also be
liable to fine which shall not be less than one lakh rupees but which may extend to two

Page 32/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupees.
7.Punishment for contravention in relation to manufactured drugs and
preparations.- Whoever, in contravention of any provision of this Act or any rule or
order made or condition of license granted thereunder, manufactures, possesses, sells,
purchases, transports, imports inter-State, exports inter-State or uses any manufactured
drug or any preparation containing any manufactured drug shall be punishable,
(a) where the contravention involves small quantity, with rigorous imprisonment for a
term which may extend to one year, or with fine which may extend to ten thousand
rupees, or with both;
(b) where the contravention involves quantity, lesser than commercial quantity but
greater than small quantity, with rigorous imprisonment for a term which may extend to
ten years, and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment
for a term which shall not be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one lakh rupees but which
may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a
Fine exceeding two lakh rupees.
8.Punishment for contravention in relation to psychotropic substances:-Whoever, in
contravention of any provision of this Act or any rule or order made or condition of
license granted thereunder, manufactures, possesses, sells, purchases, transports,
imports inter-State, exports inter-State or uses any psychotropic substance shall be
punishable,
(a) where the contravention involves small quantity, with rigorous imprisonment for a
term which may extend to one year , or with fine which may extend to ten thousand
rupees or with both;
(b) where the contravention involves quantity lesser than commercial quantity but

Page 33/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

greater than small quantity, with rigorous imprisonment for a term which may extend to
ten years and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment
for a term which shall not be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one lakh rupees but which
may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
Exceeding two lakh rupees.
9.Punishment for illegal import in to India, export from India or transhipment of
narcotic drugs and psychotropic substances.-Whoever, in contravention of any
provision of this Act or any rule or order made or condition of license or permit granted
or certificate or authorization issued thereunder, imports into India or exports from India
or tranships any narcotic drug or psychotropic substance shall be punishable,-
(a) where the contravention involves small quantity, with rigorous imprisonment for a
term which may extend to one year, or with fine, which may extend to ten thousand
rupees or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater
than small quantity, with rigorous imprisonment- for a term which may extend to ten
years, and with fine; which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment
for a term which shall not be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupees.
10. Punishment for external dealings in narcotic drugs and psychotropic substances
in contravention of section 12.-Whoever engages in or controls any trade whereby a
narcotic drug or a psychotropic substance is obtained outside India and supplied to any
person outside India without the previous authorization of the Central Government or
otherwise than in accordance with the conditions (if any) of such authorization granted
Page 34/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

under section 12, shall be punishable with rigorous imprisonment for a term which shall
not be less than ten years but which may extend to twenty years and shall also be liable to
fine which shall not be less than one lakh rupees but may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupees.
11. Punishment for allowing premises, etc., to be used for commission of an offence.-
Whoever, being the owner or occupier or having the control or use of any house, room,
enclosure, space, place, animal or conveyance, knowingly permits it to be used for the
commission by any other person of an offence punishable under any provision of this Act,
shall be punishable with the punishment provided for that offence.
12. Punishment for contravention of orders made under section 9A. –If any person
contravenes an order made under section 9A, he shall be punishable with rigorous
imprisonment for a term which may extend to ten years and shall also be liable to fine
which may extend to one lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding one lakh rupees.
13.Punishment for certain acts by licensee or his servants.-If the holder of any license,
permit or authorization granted under this Act or any rule or order made thereunder or
any person in his employ and acting on his behalf-
(a) omits, without any reasonable cause, to maintain accounts or to submit any return in
accordance with the provisions of this Act, or any rule made thereunder;
(b) fails to produce without any reasonable cause such license, permit or authorization on
demand of any officer authorized by the Central Government or State Government in this
behalf;
(c) keeps any accounts or makes any statement which is false or which he knows or has
reasons to believe to be incorrect; or
(d) wilfully and knowingly does any act in breach of any of the conditions of license,
permit or authorization for which a penalty is not prescribed elsewhere in this Act,
he shall be punishable with imprisonment for a term which may extend to three years or
with fine or with both.
Page 35/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

14. Punishment for consumption of any narcotic drug or psychotropic substance.-

Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,-
(a) where the narcotic drug or psychotropic substance consumed is cocaine ,morphine,
diacetylmorphine or any other narcotic drug or any psychotropic substance as may be
specified in this behalf by the Central Government by notification in the Official Gazette,
with rigorous imprisonment for a term which may extend to one year, or with fine which
may extend to twenty thousand rupees; or with both; and
(b) where the narcotic drug or psychotropic substance consumed is other than those
specified in or under clause (a), with imprisonment for a term which may extend to six
months, or with fine which may extend to ten thousand rupees or with both.]
15. Punishment for financing illicit traffic and harbouring offenders.-Whoever
indulges in financing, directly or indirectly, any of the activities specified in sub-clauses
(i) to (v) of clause (viii) of section 2 or harbours any person engaged in any of the
aforementioned activities, shall be punishable with rigorous imprisonment for a term
which shall not be less than ten years but which may extend to twenty years and shall also
be liable to fine which shall not be less than one lakh rupees but which may extend to two
lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupees].
16. Punishment for contravention of section 8-A-Whoever contravenes the provision of
section 8-A shall be punishable with rigorous imprisonment for a term which shall not be
less than three years but which may extend to ten years and shall also be liable ti fine.
17. Punishment for attempts to commit offences.-Whoever attempts to commit any
offence punishable under this Chapter or to cause such offence to be committed and in
such attempt does any act towards the commission of the offence shall be punishable with
the punishment provided for the offence.
18. Punishment for abetment and criminal conspiracy.-(l) Whoever abets, or is a party
to a criminal conspiracy to commit an offence punishable under this Chapter, shall,
whether such offence be or be not committed in consequence of such abetment or in
pursuance of such criminal conspiracy, and notwithstanding anything contained in section
Page 36/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

116 of the Indian Penal Code (45of 1860), be punishable with the punishment provided
for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the
meaning of this section, who, in India abets or is a party to the criminal conspiracy to the
commission of any act in a place without and beyond India which-
a) would constitute an offence if committed within India; or
b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic
substances having all the legal conditions required to constitute it such an offence the
same as or analogous to the legal conditions required to constitute it an offence
punishable under this Chapter, if committed within India.
19. Preparation.-If any person makes preparation to do or omits to do anything Which
constitutes an offence punishable under any of the provisions of[sections 19,24 and
27Aand for offences involving commercial quantity of narcotic drug or psychotropic
substance and from the circumstances of the case, it may be reasonably inferred that he
was determined to carry out his intention to commit the offence but had been prevented
by circumstances independent of his will, he shall be punishable with rigorous
imprisonment for a term which shall not be less than one-half of the minimum term (if
any), but which may extend to one-half of the maximum term, of imprisonment with
which he would have been punishable in the event of his having committed such offence,
and also with fine which shall not be less than one-half of the minimum amount (if any),
of fine with which he would have been punishable, but which may extend to one-half of
the maximum amount of fine with which he would have ordinarily (that is to say in the
absence of special reasons) been punishable, in the event aforesaid:
Provided that the court may, for reasons to be recorded in the judgment, impose a higher
fine.
20. Enhanced punishment for offences after previous conviction.-(l) If any person
who has been convicted of the commission of, or attempt to commit, or abetment of, or
criminal conspiracy to commit, any of the offences punishable under this Act is
subsequently convicted of the commission of, or attempt to commit, or abetment of, or
criminal conspiracy to commit, an offence punishable under this Act with the same
Page 37/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

amount of punishment shall be punished for the second and every subsequent offence
with rigorous imprisonment for a term which may extend to one-half of the maximum
term of imprisonment and also be liable to fine which shall extend to one-half of the
maximum
amount of fine.
(2) Where the person referred to in sub-section (1) is liable to be punished with a
minimum term of imprisonment and to a minimum amount of fine, the minimum
punishment for such person shall be one-half of the minimum term of imprisonment and
one-half of the minimum amount of fine:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine
exceeding the fine for which a person is liable.
(3) Where any person is convicted by a competent court of criminal jurisdiction outside
India under any corresponding law, such person, in respect of such conviction, shall be
dealt with for the purposes of sub-sections (1) and (2) as if he had been convicted by a
court in India.]
21-A-Death penalty for certain offences after previous conviction.-(l)
Notwithstanding anything contained in section 31, if any person who has been convicted
of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to
commit, any of the offences punishable under39[section 19, section 24, section 27-A and
for offences involving commercial quantity of any narcotic drug or psychotropic
substance] is subsequently convicted of the commission of or attempt to commit or
abetment of or criminal conspiracy to commit an offence relating to-
(2) where any person is convicted by a competent court of criminal jurisdiction outside
India under any law corresponding to the provisions of [section 19, section 24 or section
27 A and for offences involving commercial quantity of any narcotic drug or
psychotropic substance], such person, in respect of such conviction, shall be dealt with for
the purposes of sub-section (1) as if he had been convicted by a court in India.]
22. Punishment for offence for which no punishment is provided.-Whoever
contravenes any provision of this Act or any rule or order made, or any condition of any
license, permit or authorization issued thereunder for which no punishment is separately
Page 38/39
 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
(Autonomous)
(ISO/IEC - 27001 - 2005 Certified)
MODEL ANSWER
SUMMER-19 EXAMINATION
Subject Title: Pharmaceutical Jurisprudence Subject Code: 0814
________________________________________________________________________________________________

provided in this Chapter, shall be punishable with imprisonment for a term which may
extend to six months, or with fine, or with both.

Page 39/39