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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, -
(a) [(Note: Subs. by Act 68
of 1982, sec.19, for clauses (a), (b) and (c) (w.e.f. 1-2-1983)). inspect, --
(i) Any premises wherein any
drug or cosmetic is being manufactured and the means employed for stand arising
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. 16-3-1961)) 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. 1-2-1983)) 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. 1-2-1983)) 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 there under.
(2) The provisions of [(Note:
Subs. by Act 68 of 1982, sec.19, for "the Code of Criminal Procedure, 1898" (w.e.f.
1-2-1983)) 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. 1-2-1983)) section 94] of the said
Code.
[(2A)(Note: Ins. by Act 68 of
1982, sec.19 (w.e.f. 1-2-1983)) 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. 1-2-1983) 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.
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