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The Drugs Act, 1940

( ACT NO. XXIII Of 1940 )

Chapter IV

MANUFACTURE, SALE AND DISTRIBUTION OF DRUGS

Powers of Inspectors
22. (1) Subject to the provisions of section 23 and of any rules made by the Government in this behalf, an inspector may, within the local limits for which he is appointed, and in any other area with the permission of the licensing authority,
 
 
 
 
(a) inspect any premises wherein any drug is being manufactured, the plant and process of manufacture, the means employed for standardising and testing the drugs and all records and registers, relating thereto;
 
 
 
 
(b) inspect any premises wherein any drug is being sold or is stocked or exhibited for sale or is being distributed, the storage arrangement and all relevant records and registers;
 
 
 
 
(c) take samples of any drug which is being manufactured, or being sold or is stocked or exhibited for sale or is being distributed;
 
 
 
 
(d) enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any building, vessel or place, in which he has reason to believe, from personal knowledge or from information given by any person and taken down in writing, that an offence under this Act or any rules made thereunder, has been or is being committed;
 
 
(e) seize such drug and all materials used in the manufacture thereof and all other articles including registers, cash memos, invoices, bills which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act and any rules made thereunder;
 
 
 
 
(f) call any person from the neighbourhood to be present as witness in course of search, seizure or in connection with any other matter where the presence of witnesses is necessary;
 
 
 
 
(g) require any person to appear before him at any reasonable time at any proper place to give statement, assistance or information relating to, or in connection with, the investigation of an offence under this Act or rules made thereunder:
 
 
 
 
Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 shall be applicable to requisitions for attendance under this clause;
 
 
 
 
(h) lock and seal any factory, laboratory, shop, building, store house or godown or a part thereof where any drug is, or is being, manufactured, stored, sold or exhibited for sale without the necessary licence under this Act, or where he has reason to believe that an offence under this Act has been committed or may continue to be committed;
 
 
 
 
(i) forbid for a reasonable period not exceeding three months any person in charge of any premises from removing or disposing of any drug, article or other thing likely to be used in evidence of the commission of an offence under this Act or any rules made thereunder;
 
 
 
 
(j) exercise such other powers as may be necessary for carrying out the purposes of this Act or any rules made thereunder.
 
 
 
 
(2) The provisions of the Code of Criminal Procedure, 1898, in so far as they are not inconsistent with the provisions of this Act, shall apply to searches and seizures made under this Chapter.
 
 
(3) If any person wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Chapter or disobeys the lawful authority of an Inspector, he shall be punishable with imprisonment which may extend to three years, or with fine, or with both.

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Ministry of Law, Justice and Parliamentary Affairs