Section 11 of Drugs and Cosmetics Act 1940 - Application of Customs Law and Powers of Customs Officers

Section 11 is part of Chapter III of the Drugs and Cosmetics Act, 1940, which regulates the import of drugs and cosmetics. It connects the statutory import prohibitions under the Act with the powers exercised by Customs authorities at the border.

In brief: Section 11 enables Customs authorities to exercise customs-law powers in relation to drugs and cosmetics whose import is prohibited under Chapter III. It also authorises detention of a suspected imported package and requires prompt reporting to the Drugs Controller, India, with forwarding of the package or a sample to the Central Drugs Laboratory where necessary.

Text and meaning of Section 11

Section 11(1) - Application of customs law

Sub-section (1) applies the law relating to sea customs and prohibited imports, subject to Section 13 of the Drugs and Cosmetics Act, to drugs and cosmetics whose import is prohibited under Chapter III. Customs officers and other officers empowered under the applicable customs law have corresponding powers in respect of such prohibited drugs and cosmetics.

The statutory text contains a historical reference to the Sea Customs Act, 1878. The official text itself notes that the Customs Act, 1962 is now to be seen in place of that earlier enactment. In present administration, the Customs Act, 1962 provides the principal customs framework governing imported goods, including prohibited or restricted goods.

Section 11(2) - Detention of suspected imported packages

Without affecting sub-section (1), the Commissioner of Customs or an officer of the Government authorised by the Central Government may detain an imported package suspected to contain a drug or cosmetic whose import is prohibited under Chapter III.

The detention must be reported forthwith to the Drugs Controller, India. Where necessary, the package or a sample of the suspected drug or cosmetic may be forwarded to the Central Drugs Laboratory.

How Section 11 works with other provisions

Section 10 specifies categories of drugs and cosmetics whose import is prohibited. Section 11 supplies the customs-enforcement connection for goods falling within those prohibitions.

Section 10A empowers the Central Government, where satisfied that public interest requires it, to prohibit import of a drug or cosmetic by notification in the Official Gazette in the circumstances stated in that section.

Section 13 deals with offences relating to import in contravention of Chapter III. Section 11(1) expressly operates subject to Section 13.

Section 14 deals with confiscation under the Drugs and Cosmetics Act. Customs consequences may also arise under the Customs Act, 1962 where the statutory requirements of that law are met.

Practical effect at the point of import

Imported drugs and cosmetics remain subject to the prohibitions and conditions imposed by Chapter III of the Drugs and Cosmetics Act and the applicable rules.
Customs officers may exercise the powers available under customs law in relation to goods whose import is prohibited.
A suspicious imported package may be detained under Section 11(2) by the specified authority.
The Drugs Controller, India must be informed forthwith of detention under Section 11(2).
Where necessary, the package or a sample may be sent to the Central Drugs Laboratory for examination.

Current regulatory context

Drug imports continue to be regulated under the Drugs and Cosmetics Act, 1940 and the applicable rules administered through the Central Drugs Standard Control Organisation. For cosmetics, the Cosmetics Rules, 2020 contain the current regulatory framework for matters including registration and import requirements. The precise requirements depend on the product, its classification, intended use and the applicable statutory rules or notifications.

Legal note: Section 11 should be read with the current text of Chapter III, the Customs Act, 1962, the applicable Drugs Rules or Cosmetics Rules, and current notifications or regulatory directions. The statutory wording and the administrative requirements should be checked for the particular import transaction.

Legislative notes appearing with Section 11

The reference to the Sea Customs Act, 1878 is accompanied by the note: now see the Customs Act, 1962.
References to cosmetics were inserted by Act 21 of 1962 with effect from 27 July 1964.
The expression referring to the Commissioner of Customs reflects substitution made by Act 22 of 1995 for the earlier expression "Customs Collector".
Sub-section (2) was substituted by Act 11 of 1955.

Related provisions

For the surrounding statutory scheme, see Section 10 - Prohibition of import of certain drugs or cosmetics, Section 10A - Power of Central Government to prohibit import in public interest, Section 12 - Power to make rules, Section 13 - Offences and Section 14 - Confiscation.