vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
(a) with imprisonment for a term which may extend to two years; or 517
(b) with caning which may extend to thirty lashes and with fine. 518
** [forfeiture] 519
359. Whoever adulterates any drug or medical preparation in such a manner as to lessen the
efficacy or change the operation of such drug or medical preparation or to make it noxious,
intending that it shall be sold or used for or knowing it to be likely that it would be sold or
used for any medicinal purpose as if it had not undergone such adulteration, shall be
punished: 520
(a) with imprisonment for a term which may extend to three years; and 521
(b) with caning which may extend to forty lashes and with fine. 522
** [forfeiture] 523
360. Whoever, knowing any drug or medical preparation to have been adulterated or to
have expired 524 in such a manner as to lessen its efficacy or change its operation or render it
noxious, sells the same or offers or exposes it for sale or issues it from any dispensary for
medicinal purposes as unadulterated or causes it to be used for medicinal purposes by any
person not knowing of the adulteration, shall be punished: 525
(a) with imprisonment for a term which may extend to three years; and 526
(b) with caning which may extend to forty lashes and with fine. 527
** [forfeiture] 528
361. Whoever knowingly sells or offers or exposes for sale or issues from a dispensary for
medicinal purposes any drug or medical preparation as a different drug or medical
preparation, shall be punished: 529
(a) with imprisonment for a term which may extend to three years; 530 and 531
516 Kano and Katsina omit this section entirely. PC, Kaduna do not divide the punishments into
subsections, punishing as follows: PC: up to 2 years or fine or both. Kaduna: ta’azir.
517 Bauchi has “and’ instead of ‘or’.
518 Bauchi: up to 40 lashes or fine or both. Gombe, Jigawa, Sokoto, Yobe, Zamfara: up to 30 lashes or
fine or both. Kebbi: up to 30 lashes “or with both.”
519 Bauchi adds a subsection (c): “with forfeiture of the adulterated food or drink in any case.”
520 Kano and Katsina omit this section entirely. PC, Kaduna do not divide the punishments into
subsections, punishing as follows: PC: up to 6 months or fine up to £50 or both. Kaduna: ta’azir.
521 Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: have ‘or’ instead of ‘and’.
522 All SPCs except Kaduna: up to 40 lashes or fine or both.
523 Bauchi adds a subsection (c): “with forfeiture of the adulterated drugs in any case.”
524 PC does not have “or to have expired”.
525 PC, Kaduna do not divide the punishments into subsections, punishing as follows: PC: up to 6
months or fine up to £50 or both. Kaduna: ta’azir.
526 Gombe, Jigawa, Kano, Katsina, Kebbi, Sokoto, Yobe, Zamfara have ‘or’ instead of ‘and’.
527 Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: up to 40 lashes or fine or both. Kano, Katsina: up
to 50 lashes or N30,000 fine or both.
528 Bauchi and Kano add a subsection – in Kano this is (a), in Bauchi (c): “with forfeiture of the
adulterated drugs [Bauchi: in any case]”.
529 PC, Kaduna do not divide the punishments into subsections, punishing as follows: PC: up to 6
months or fine up to £50 or both. Kaduna: ta’azir.
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