10. Prohibition of import
of certain drugs or cosmetics. � From
such date (Note: 1st April, 1947, for clauses (a), (b), (c), (e) and (f) and 1st
April, for clause (d), see Notification No. 18-12-46-D-I, dated 11th February,
1947, Gazette of India, 1947, Gazette of India, 1947 Pt. I.p.189 as amended by
Notification No. F-1-2/48-D(1), dated 29th September, 1948. 1st April, 1953, for
the States of Himachal Pradesh, Bilaspur, Kutch, Bhopal, Tripura, Vindhya
Pradesh and Manipur vide Notification No. S.R.O. 666, dated 30th March, 1953,
Gazette of India, 1953, Pt. II. Sec.3, p.451) as may be fixed by the Central
Government by notification in the Official Gazette in this behalf, no person
shall import �
(a) Any drug [(Note: Ins. by
Act 21 of 1962, sec.8 (w.e.f. 27-7-1964)) or cosmetic] which is not of
standard quality ;
[(b) (Note: Subs. by Act 21 of
1962, sec.8, for clause (b) (w.e.f. 27-7-1964)) Any misbranded drug
[(Note: Subs. by Act 68 of 1982, sec.7, for "or misbranded cosmetic" (w.e.f.
1-2-1983)) or misbranded or spurious cosmetics];]
[(bb) (Note: Ins. by Act 13 of
1964, sec.9 (w.e.f. 15-9-1964)) Any [(Note: Subs. by Act 68 of 1982,
sec.7, for "adulterated" (w.e.f. 1-2-1983)). adulterated or spurious]
drug ;]
(c) Any drug [(Note: Ins. by
Act 21 of 1962, sec.8 (w.e.f. 27-7-1964)) or cosmetic] for the import
of which a licence is prescribed, otherwise than under, and in accordance with,
such licence ;
[(d) (Note: Subs. by act 11
of 1955, sec.5, for clause (d)) Any patent or proprietary medicine, unless there
is displayed in the prescribed manner on the label or container thereof [(Note:
Subs. by Act 68 of 1982, sec.7, for certain words (w.e.f. 1-2-1983))
the true formula or list of active ingredients contained in it together with the
quantities thereof];
(e) Any drug which by means
of any statement, design or device accompanying it or by any other means,
purports or claims to cure or mitigate any such disease or ailment, or to have
any such other effect, as may be prescribed ;
(ee) (Note: Ins. by Act 21 of
1962, sec.8, (w.e.f. 27-7-1964)) Any cosmetic containing any
ingredient, which may render it unsafe or harmful or use under the directions
indicated or recommended ;]
(f) Any drug [ (Note: Subs.
by Act 21 of 1962, sec.8, for clause (b) (w.e.f. 27-7-1964)) or cosmetic] the
import of which is prohibited by rule made under this Chapter.
Provided that nothing in this
section shall apply to the import, subject to prescribed conditions, of small
quantities of any drug for the purpose of examination, test or analysis or for
personal use :
Provided further that the
Central Government may, after consultation with the Board by notification in the
Official Gazette, permit, subject to any conditions specified in the
notification, the import of any drug or class of drugs not being of standard
quality.
COMMENTS
Any import to goods, of which the
importation is prohibited by law, cannot be a valid import under the Act. So,
goods so imported cannot be treated to be lawfully 'imported goods' ; S.Mohammed
v. Asstt. Collector, Customs, AIR 1970 Cal 134.
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