Drugs and Cosmetics Act, 1940- Sections 21 to 26-B

21. Inspectors.

21. Inspectors.—(1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Inspectors for such areas as may be assigned to them by the Central Government or the State Government, as the case may be.

(2) The powers which may be exercised by an Inspector and the duties which may be performed by him, the drugs or [i][classes of drugs or cosmetics or classes of cosmetics] in relation to which and the conditions, limitations or restrictions subject to which, such powers and duties may be exercised or performed shall be such as may be prescribed.

(3) No person who has any financial interest [ii][in the import, manufacture or sale of drugs or cosmetics] shall be appointed to be an Inspector under this section.

(4) Every Inspector shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority [iii][having the prescribed qualifications,] as the Government appointing him may specify in this behalf.]

22. Powers of Inspectors.

[iv][22. Powers of Inspectors.—(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,—

[v][(a) 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;]

[vi][(cc) examine any record, register, document or any other material object found [vii][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;]

[viii][(cca) 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, 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 the [ix][Code of Criminal Procedure, 1973 (2 of 1974)], 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 [x][Section 94] of the said Code.

[xi][(2-A) 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 produced 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 wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Chapter, [xii][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.]

23. Procedure of Inspectors.

23. Procedure of Inspectors.—(1) Where an Inspector takes any sample of a drug [xiii][or cosmetic] under this Chapter, he shall tender the fair price thereof and may acquire 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 [xiv][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 [xv][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 wilfully 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 [xvi][or cosmetic] is being manufactured, it shall be necessary to divide the sample into three portions only:

Provided further that where the drug [xvii][or cosmetic] is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug [xviii][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 [xix][or cosmetic]; and

[xx][(iii)  the third, where taken, he shall send to the person, if any, whose name, address and other particulars have been disclosed under Section 18-A.]

(5) Where an Inspector takes any action under clause (c) of Section 22,—

(a) he shall use all despatch in ascertaining whether or not the drug [xxi][or cosmetic] contravenes any of the provisions of Section 18 and, if it is ascertained that the drug [xxii][or cosmetic] does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized;

(b) if he seizes the stock of the drug [xxiii][or cosmetic], he shall as soon as may be, inform a [xxiv][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 [xxv][or cosmetic], he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order under the said clause.

[xxvi][(6) 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 a [Judicial][xxvii] Magistrate and take his orders as to the custody thereof.]

24. Persons bound to disclose place where drugs or cosmetics are manufactured or kept.

24. Persons bound to disclose place where drugs or cosmetics are manufactured or kept.—Every person for the time being in charge of any premises whereon any drug [xxviii][or cosmetic] is being manufactured or is kept for sale or distribution shall, on being required by an Inspector so to do, be legally bound to disclose to the Inspector the place where the drug [xxix][or cosmetic] is being manufactured or is kept, as the case may be.

25. Reports of Government Analysts.

25. Reports of Government Analysts.—(1) The Government Analyst to whom a sample of any drug [xxx][or cosmetic] has been submitted for test or analysis under sub-section (4) of Section 23, shall deliver to the Inspector submitting it a signed report in triplicate in the prescribed form.

(2) The Inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken [xxxi][and another copy to the person, if any, whose name, address and other particulars have been disclosed under Section 18-A], and shall retain the third copy for use in any prosecution in respect of the sample.

(3) Any document purporting to be a report signed by a Government Analyst under this Chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken [xxxii][or the person whose name, address and other particulars have been disclosed under Section 18-A] has, within twenty-eight days of the receipt of a copy of the report, notified in writing the Inspector or the Court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report.

(4) Unless the sample has already been tested or analysed in the Central Drugs Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of a Government Analyst's report, the Court may, of its own motion or in its discretion at the request either of the complainant or the accused, cause the sample of the drug [xxxiii][or cosmetic] produced before the Magistrate under sub-section (4) of Section 23 to be sent for test or analysis to the said Laboratory, which shall make the test or analysis and report in writing signed by, or under the authority of, the Director of the Central Drugs Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein.

(5) The cost of a test or analysis made by the Central Drugs Laboratory under sub-section (4) shall be paid by the complainant or accused as the Court shall direct.

26. Purchaser of drugs or cosmetics enabled to obtain test or analysis.

26. Purchaser of drugs or cosmetics enabled to obtain test or analysis.—Any person [xxxiv][or any recognised consumer association, whether such person is a member of that association or not,] shall, on application in the prescribed manner and on payment of the prescribed fee, be entitled to submit for test or analysis to a Government Analyst any drug [xxxv][or cosmetic] purchased by him [xxxvi][or it] and to receive a report of such test or analysis signed by the Government Analyst.

[xxxvii][Explanation.—For the purposes of this section and Section 32, “recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956), or any other law for the time being in force.]

26-A. Power of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest.

[xxxviii][26-A. Power of Central Government to [xxxix][regulate, restrict or prohibit] manufacture, etc., of drug and cosmetic in public interest.—Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that Government may, by notification in the Official Gazette, [xl][regulate, restrict or prohibit] the manufacture, sale or distribution of such drug or cosmetic.]

26-B. Power of Central Government to regulate or restrict, manufacture, etc., of drug in public interest.

[xli][26-B. Power of Central Government to regulate or restrict, manufacture, etc., of drug in public interest.—Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied that a drug is essential to meet the requirements of an emergency arising due to epidemic or natural calamities and that in the public interest, it is necessary or expedient so to do, then, that Government may, by notification in the Official Gazette, regulate or restrict the manufacture, sale or distribution of such drug.]

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