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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 [(Note: Subs. by Act 21 of 1962, sec.17 for "class of drugs" (w.e.f.
27-7-1964)) 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 [(Note: Subs. by Act 21 of 1962, sec.17, for "in the
manufacture, import or sale of drugs" (w.e.f. 27-7-1964)) 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, and shall be officially subordinate to such authority [(Note: Ins.
by Act 68 of 1982, sec.18 (w.e.f. 1-2-1983)), having the prescribed
qualifications,] as the Government appointing him may specify in this behalf.]
COMMENTS
Judicial notice can be taken ofthe
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.
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