Drugs and Cosmetics Act, 1940
23. Procedure of Inspectors
Where an Inspector takes any sample of a drug 87[or cosmetic] under this Chapter, he shall tender the fair price thereof and may require 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 87[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 87[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 willfully 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 87[or cosmetic] is being manufactured, it shall be necessary to divide the sample into three portions only :
Provided further that where the drug 87[or cosmetic] is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug 87[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 or 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 87[or cosmetic]; and
105 [(iii) the third, where taken, he shall send to the person, if any, whose name, address and other particulars have been disclosed under section 18A.]
(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 87[or cosmetic] contravenes any of the provisions of section 18 and, if it is ascertained that the drug 87[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 87[or cosmetic], he shall as soon as may be inform 106[a 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 87[or cosmetic], he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order under the said clause.
107 [(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 106[a Judicial Magistrate] and take his orders as to the custody thereof.]