The Drugs and Cosmetics Act, 1940




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COMMENTS

        Judicial notice can be taken of the fact of a person being appointed as Inspector of Drugs under section 21(1) of the Act when the relevant notification published in the Official Gazette has been referred to; Ramlagun Singh v. State of Bihar, AIR 1960 Pat. 243.


  

22.  Powers of Inspectors [(Note: Subs. by Act 11 of 1955, sec.11, for section 22). – (1) Subject to the provisions of section 23 and of any rules made by the Central Government in this behalf, an Inspector may, within the local limits of the area for which he is appointed, --


(a). [(Note: Subs. by Act 68 of 1982, sec.19, for clauses (a), (b) and (c) (w.e.f. 01.02.1983)). inspect, --
(i). Any premises wherein any drug or cosmetic is being manufactured and the means employed for standardising and testing the drug or cosmetic;
(ii). Any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or offered for sale, or distributed;
                (b). Take samples of any drug or cosmetic, --
(i)    Which is being manufactured or being sold or is stocked or exhibited or offered for sale, or is being distributed;
(ii)   From any person who is in the course of conveying, delivering or preparing to deliver such drug or cosmetic to a purchaser or a consignee;
                (c). At all reasonable times, with such assistance, if any, as he considers necessary, --
(i). Search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence under this Chapter has been, or is being, committed; or
(ii). Enter and search any place in which he has reason to believe that an offence under this Chapter has been, or is being, committed; or
(iii). Stop and search any vehicle, vessel or other conveyance which, he has reason to believe, is being used for carrying any drug   or cosmetic in respect of which an offence under this Chapter has been, or is being, committed, and order in writing 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 alleged offence is  such that the defect may be removed by the possessor of the drug or cosmetic, seize the stock of  such drug or cosmetic and any  substance or article by means of which the offence has been, or is being committed or which may be employed for the commission of such offence ;]
[(cc). (Note: Ins. by Act 35 of 1960, sec.5 (w.e.f. 16.03.1961)) examine any record, register, document or any other material object found [(Note: Subs. by Act 68 of 1982, sec.19, for certain words (w.e.f. 01.02.1983)) with any person, or in any place, vehicle, vessel or other conveyance referred to in clause (c)], and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder ;]
[(cca) (Note: Ins. by Act 68 of 1982, sec.19 (w.e.f. 01.02.1983)) Require any person to produce any record, register, or other document relating to the manufacture for sale or for distribution, stocking, exhibition for sale, offer for sale or distribution of any drug or cosmetic in respect of which he has reason to believe that an offence under this Chapter has been, or is being, or is being, committed ;]
(d)      Exercise such other powers as may be necessary for carrying out the purposes of this Chapter or any rules made thereunder.
(2)      The provisions of [(Note: Subs. by Act 68 of 1982, sec.19, for "the Code of Criminal Procedure, 1898" (w.e.f. 01.02.1983)) the Code of Criminal Procedure, 1973] shall, so far as may be, apply to any search or seizure under this Chapter as they apply to any search or seizure made under the authority of a warrant issued under [(Note: Subs. by Act 68 of 1982, sec.19, for "section 98" (w.e.f. 01.02.1983)) section 94] of the said Code.
[(2A)   (Note: Ins. by Act 68 of 1982, sec.19 (w.e.f. 01.02.1983)) Every record, register or other document seized under clause (cc) or produced under clause (cca) shall be returned to the person, from whom they were seized or who produce the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken.]
(3)      If any person willfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Chapter [(Note: Ins. by Act 68 of 1982, sec.19 (w.e.f. 01.02.1983) or refuses to produce any record, register or other document when so required under clause (cca) of sub-section (1),] he shall be punishable with imprisonment which may extend to three years, or with fine, or with both.]

COMMENTS

(i)    An order prohibiting disposal of certain drugs is invalid and illegal because it can be issued only for specified period not exceeding twenty days under section 22(1) (c); B.K.D. Rajeshwari v. State of Kerala, AIR 1984 Ker 95.


(ii)     Since under the Drugs and Cosmetics Act a search or seizure by a Drugs Inspector is  equated to a search and seizure under the authority of a warrant, it is not necessary for a Drugs Inspector to record his reasons for making a search; Public Prosecutor v. Mahaveer Prasad, 1972 Cri LJ 1546.

23. Procedure of Inspectors –
(1) Where an Inspector takes any sample of a drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964)) or cosmetic] under this Chapter, he shall tender the fair price thereof and may require a written acknowledgement therefor.
(2)      Where the price tendered under sub-section (1) is refused, or where the Inspector seizes the stock of any drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964) or cosmetic] under clause (c) of section 22, he shall tender a receipt therefor in the prescribed form.
(3)      Where an Inspector takes a sample of a drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964) or cosmetic] for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he willfully absents himself, shall divide the sample into four portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked :
        Provided that where the sample is taken from premises whereon the drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964) or cosmetic] is being manufactured, it shall be necessary to divide the sample into three portions only:
        Provided further that where the drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964) or cosmetic] is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964)) or cosmetic] be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said containers after suitably marking the same and, where necessary sealing them.
(4)      The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows: -
(i)       One portion or container he shall forthwith send to the Government Analyst for test or analysis;
(ii)      The second he shall produce to the Court before which proceedings, if any, are instituted in respect of the drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964)) or cosmetic]; and
[(iii)   (Note: Subs. by Act 13 of 1964, sec.16, for clause (iii) (w.e.f. 15.09.1964)) the third, where taken, he shall send to the person, if any, whose name, address and other particulars have been disclosed under section 18A.]
(5)      Where an Inspector takes any action under clause (c) of section 22, --
(a)       He shall use all dispatch in ascertaining whether or not the drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964)) or cosmetic] contravenes any of the provisions of section 18 and, if it is ascertained that the drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964)) or cosmetic] does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, taken such action as may be necessary for the return of the stock-seized;
(b)      If he seizes the stock of the drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964)) or cosmetic], he shall as soon as may be inform [(Note: Subs. by Act 68 of 1982, sec.20, for "a Magistrate" (w.e.f. 01.02.1983)) a Judicial Magistrate] and take his orders as to the custody thereof;
(c)       Without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the drug [(Note: Ins. by Act 21 of 1962, sec.15 (w.e.f. 27.07.1964)) or cosmetic], he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order under the said clause.
[(6)      (Note: Ins. by Act 35 of 1960, sec.6 (w.e.f. 16.03.1961)) Where an Inspector seizes any record, register, document or any other material object under clause (cc) of sub-section (1) of section 22, he shall, as soon as may be, inform [(Note: Subs. by Act 68 of 1982, sec.20, for "a Magistrate" (w.e.f. 01.02.1983)) a Judicial Magistrate] and take his orders as to the custody thereof.]

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