Judgment Search Results Home > Cases Phrase: drugs and cosmetics act 1940 23 of 1940 section 22 powers of inspectors Page 1 of about 506 results (0.163 seconds)

Amit Kumar Verma Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2010CriLJ1943

..... section 22 of the drugs and cosmetics act, 1940 provides powers of inspectors which is ..... of learned counsel for the revisionist is that under the drugs and cosmetics act, 1940, inspectors are only empowered to inspect the premises which deals in manufacture and sale of drugs or cosmetic by a licence holder. ..... 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) inspected:(i) any premises wherein any drug or cosmetic is being manufactured and the means employed for standardizing 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, ..... before which proceedings, if any, are instituted in respect of the drug [or cosmetic]; and(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 dispatch in ascertaining whether or not the drug [or cosmetic] contravenes any of the provisions of section 18 and, if it is ascertained that the drug [or cosmetic] does not so contravene, forthwith revoke the order passed under the .....

The State of Maharashtra Vs. Shri R.A. Chandawarkar and Other

Court : Mumbai

Reported in : 1999(5)BomCR519; 1999BomCR(Cri)519; (1999)3BOMLR394; 1999CriLJ4449; 1999(2)MhLj650

..... of section 21(1) and 21(2) of the drugs and cosmetics act, 1940, which read as under:-section 21(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.section 21(2)---the powers which may be exercised by an inspector and the duties which may be performed by him, the drugs or 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 ..... the said notification dated 11th february, 1975 contains almost 77 categories of posts who are empowered to exercise the powers of drug inspectors conferred by sub-section (1) of section 21 of the drugs and cosmetics act, 1940 within the area specified against them in column 2 of that schedule. ..... in view of such vital powers conferred by section 21 of the drugs and cosmetics act, 1940 on such drug inspectors, the said section clearly, mandates that the central government or the state government, may issue notification in official gazette so as to appoint such drug inspectors for such areas as assigned to them. .....

Hashmukhlal D Vora Vs. State Of Tamilnadu

Court : Supreme Court of India

..... c) the respondent/ drugs inspector cannot exercise powers under section 22 of the drugs and cosmetics act, 1940, as it is subject to section 23 of the same act. ..... on 19.11.2013, the then drug inspector, kodambakkam range, inspected the appellants premises and alleged contravention of s.18(c) of the drugs and cosmetics act 1940 read with rule 65(5)(1)(b) of the drugs and cosmetics rules 1945. ..... counsel appearing on behalf of the appellants contended that: a) the respondent/ drugs inspector has prima facie failed to give any evidence indicating that the substance pyridoxal 5 phosphate (hereinafter referred to as impugned substance) is a drug only falling under the drugs and cosmetics act, 1940. ..... b) the impugned substance is a bulk food substance falling under the definition of food as per section 3(1)(j) of the food safety and standards act, 2006 rules and regulations thereunder, and not a drug under section 3(b) of the drugs and cosmetics act, 1940. ..... this alleged breaking up of the impugned substance into smaller packages and further distribution of the same is being classified by the respondent as manufacturing , and hence a case is being made out against the appellants under section 18(c) read with section 3(f) of the drugs and cosmetics act, 1940.15. ..... the fact that it is mentioned as "food as per section 3(1)(j) of the food safety and standards act, 2006, further only proves that the impugned substance does not require a specific license under the drugs and cosmetics act, 1940.18. .....

Balwant Rai Vs. State of J. and K. and anr.

Court : Jammu and Kashmir

Reported in : AIR1991J& K20

..... on merits it is, therefore, submitted that the inspector rightly seized the medicines in exercise of powers under section 22 of the drugs and cosmetics act, 1940, herein called as the act from the possession of the petitioner on november 15, 1977. ..... the contention though attractive has no legs to stand in view of definition of registered medical practitioner prescribed under rule 2(ee) of the drugs and cosmetics rules 1945 as no such exemption is pointed out, that if a registered medical practitioner practising in any system of medicine stocks, distribute, exibits for sale or sells any drugs covered by the act and the rules made thereunder is not required to obtain or hold a licence under section 18 read with rule 61 of rules in accordance with procedure prescribed therein.7. ..... 1 and its officers restraining them from any such action under the provisions of drugs and cosmetics act and the rules framed thereunder.2. ..... 'admittedly on the date of inspection when the inspector visited the premises of the petitioner situated at gole market gandhinagar, jammu, he had no licence under chapter iv of the act and fell his trap who in exercise of the powers conferred on him under section 22(c) of the act seized the stock of such drugs found in the premises and issued the receipt anne-xure e to the petitioner on the same day the 15th of november, 1977 in form 16 under rule 55 of the rules impugned in this petition.6. .....

Narinder Kumar Gupta Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2007CriLJ4157

..... the provisions are slightly different under the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act of 1940). ..... section 18a of the act of 1940 provides that every person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall disclose to the inspector the name, address and other particulars of the person from whom he acquired the drug or cosmetic ..... section 23 of the act of 1940 provides that where an inspector takes a sample of a drug or cosmetic for the purpose of test or analysis, he shall divide the same into four portions, but where he takes the sample from the premises of the manufacturer whereon the drug or cosmetic is being manufactured, he shall divide the same into ..... 24 of the act and 25 of the act of 1940 are almost similar except that under the act of 1940, an additional duty has been cast on the inspector to send a copy of the report to the manufacturer whose name has been disclosed under section 18a and a right has been given to the manufacturer to get the said sample analysed from the central drugs laboratory by notifying his intention within 28 days of the receipt of the sample to adduce evidence in controversion ..... section 21 of the act provides the powers of the insecticide inspectors ..... section 22 of the act of 1940 provides the powers of inspector ..... he has the power to enter and search, at all reasonable time, any premises in which he has reason to believe that an offence under this act or the rules made thereunder .....

Sri.k.s.jagadeesha Vs. The State Of Karnataka

Court : Karnataka

..... regard section 32 of the act, 1940, is very clear that only the drug inspector that means the 3rd respondent is the competent officer to lodge a complaint in respect to the offences contemplated under the drugs and cosmetics act, 1940.14. ..... section 32 mandates that it is only the inspector as defined under the drugs and cosmetics act has the power to prosecute and not any ..... having regard to the scheme of crpc and also the mandate of section 32 of the act and on a conspectus of powers which are available with the drugs inspector under the act and also his duties, a 1 (2021) 12 scc67414 police officer cannot register an fir under section 154crpc, in regard to cognizable offences under chapter iv of the act and he cannot investigate such offences under the provisions ..... now that requires consideration is, whether the station house officer of the special police station for excise and lottery prohibition did have power to conduct search in a medical store and seize licensed medical products, licenced under the drugs and cosmetics act. ..... to that act only the drug inspector have got power to lodge the ..... view of the above, i am of the firm opinion that the police officers are not having the power to investigate the offences punishable under the act, 1940. ..... therefore, in regard to the power of arrest, we make it clear that our decision that police officers do not have power to arrest in respect of cognizable offences under chapter iv of the act, will operate with effect from the date of .....

Union of India Vs. Ashok Kumar Sharma

Court : Supreme Court of India

..... section 26 47 of the drugs and cosmetics act, 1940 declares that on the application, any person or any recognized consumer association, in the prescribed manner and on payment of prescribed fee, is entitled to submit for test or analysis, to a government analyst any drug or cosmetic purchased by the person or the association and to receive a report of such test or analysis signed by the government analyst. ..... if we interpret that it is a drugs inspector, acting under section 22 of the act, who alone can investigate offences falling under chapter iv of the act and there is no power for the police officer under the crpc to investigate under the act or to file a report under section 173 of the crpc, which indeed is indisputable, then, a power of arrest, which is necessary for the purpose of investigating and prosecution of the offences falling within chapter iv of the act, must be conceded to the drugs inspector. ..... having regard to the scheme of the crpc and also the mandate of section 32 of the act and on a conspectus of powers which are available with the drugs inspector under the act and also his duties, a police officer cannot register a fir under section 154 of the crpc, in regard to cognizable offences under chapter iv of the act and he cannot 180 investigate such offences under the provisions of the crpc. iv. .....

Rajeev Kumar Vs. State of Punjab

Court : Punjab and Haryana

Reported in : 1998CriLJ1460

..... if at all there is contravention by the petitioner that may 6e of the provisions of drugs and cosmetics act, 1940 for which complaint lies by the drugs inspector to the court and not fir and not prosecution by the police. ..... in exercise of the powers conferred by sub-section (1) of section 52-a of the ndps act, the central government has specified the following narcotic drugs and psychotropic substances, namely :-1. ..... 59 dated 18-7-1996 of police station, sirhind under section 22 of the narcotic drugs & psychotropic substances act, 1985 and consequential proceedings having arisen therefrom, are quashed. ..... this petition has been opposed by the respondent urging that drugs recovered from the possession of the petitioner falls within the mischief of section 22 of the provisions of act of 1985 and therefore, offence thereunder is made out. ..... none of the drugs containing contraband in excess of permissible limit was found and therefore, no offence under sections 21 and 22 of the act, 1985 could be said to have been made out.19. ..... 59 dated 18-7-1996 registered at police station, sirhind under section 22 of the narcotic drugs & psychotropic substances act, 1985 (hereinafter called as act of 1985) against him and consequential proceedings.2. ..... so 826 (ei) issued by the government of india in exercise of powers conferred under section 2, sub-clause (b) of clause xi of item no. 87 i.e. .....

Dr. Om Prakash Singh Vs. State

Court : Delhi

Reported in : 2003CriLJ4276; 106(2003)DLT172; 2003(70)DRJ202; 2003(3)JCC1430

..... the notification no.f.21(12)/73-m & ph(2) dated 15.1.1974 notifying shri suresh kumar sharma as inspector which is to the following effect:-'in exercise of the powers conferred by section 33(g) of the drugs and cosmetics act, 1940, the administrator is pleased to appoint shri suresh kumar sharma to be an inspector for the union territory of delhi in respect of ayurvedic (including sidha) drugs.'6. ..... sub-section (4) of section 33(g) of the drugs and cosmetics act, 1940 provides that '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 sub-ordinate to such authority as the government appointing him ..... of the impugned order has been challenged solely on the ground that the complaint was instituted by an inspector who was not authorised to institute the complaint without the previous sanction of the authority specified under sub-section (4) of section 33(g) of the drugs and cosmetics act, 1940. ..... counsel for the petitioner but referred to sub-section (2) of section 33m which provides that no court inferior to that (of a metropolitan magistrate or of a judicial magistrate of the first class) shall try an offence punishable under this chapter and proceeded on the presumption that this section does not indicate that the sanction is a condition precedent for taking cognizance by court for offence under chapter iv-a of drugs and cosmetics act, 1940 and fell upon erroneous conclusion that sanction is not .....

Sanjib Bhattacharya Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2005(4)CHN404

..... the power of the inspector is defined under section 22 of the drugs and cosmetics act and inspector as defined under section 21 of the act can inspect, collect samples and at all reasonable time he can search any person or enter any premises if in any way he has reason to believe that offence under this chapter 4 of the drugs and cosmetics act, 1940 has been committed and can order in writing not to dispose of any stock or such drugs or cosmetics during a specified period not exceeding 20 days and further the inspector can ask any person to produce records, registers, documents but ..... it is true such procedure of search of the narcotic drugs is not contained in the drugs and cosmetics act, 1940 and the rules framed thereunder. ..... against the above factual backdrop it is submitted on behalf of the petitioner that the various provisions of the drugs and cosmetics act, 1940 had not been followed in the instant case. ..... it has also been submitted on behalf of the respondents that the provisions of sections 22 and 23 of the drugs and cosmetics act is not applicable in the instant case as at no point of time the records have been seized and no form 15 was issued by the petitioner. ..... in terms of section 23(5)(b) and (c) a drug inspector can take action for any of the purposes of the said chapter under the said act and if an inspector seizes any stock or drugs he shall take orders from the judicial magistrate to take custody of such seized stock or drugs.9. .....