Section 22 of the Drugs and Cosmetics Act 1940 - Powers of Inspectors
Section 22 of the Drugs and Cosmetics Act, 1940 sets out the principal statutory powers of an Inspector appointed under the Act. These include inspection of premises, taking samples, search and seizure, examination and seizure of records, requiring production of documents, and other powers necessary for enforcement of Chapter IV.
Meaning and scope of Section 22
An Inspector for the purposes of Chapter IV is an Inspector appointed under Section 21 of the Drugs and Cosmetics Act, 1940. Section 22 defines what such an Inspector may do within the local limits of the area for which the Inspector is appointed.
The opening words of Section 22 make these powers expressly subject to Section 23, which prescribes procedure to be followed by Inspectors, and to rules made by the Central Government.
Section 22 - Statutory provision
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) inspect,-
(i) any premises wherein any drug or cosmetic is being manufactured and the means employed for standardising 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) examine any record, register, document or any other material object found 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) 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, committed;
(d) exercise such other powers as may be necessary for carrying out the purposes of this Chapter or any rules made thereunder.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) 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 section 94 of the said Code.
(2A) 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 produced 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 wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Chapter 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.
Key powers of a Drugs Inspector under Section 22
- Inspection: Inspection of manufacturing premises and premises where drugs or cosmetics are sold, stocked, exhibited, offered for sale or distributed.
- Sampling: Taking samples from manufacture, sale, stock, exhibition, distribution, conveyance or delivery.
- Search: Searching a person, place, vehicle, vessel or other conveyance where the statutory conditions are satisfied.
- Restriction on disposal and seizure: Issuing a written order restricting disposal of stock for a period not exceeding twenty days, or seizing stock and connected substances or articles where permitted by the provision.
- Records and documents: Examining and, where the statutory test is met, seizing material that may furnish evidence; and requiring production of specified records and documents.
Search and seizure procedure
Sub-section (2) of Section 22, as presently printed in the Drugs and Cosmetics Act, refers to the Code of Criminal Procedure, 1973 and to a search or seizure under authority of a warrant under Section 94 of that Code. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973 subject to its savings and transitional provisions. Accordingly, for a current search or seizure, the applicable procedural law and any corresponding provision should be checked together with Section 22 rather than relying only on the historical CrPC wording reproduced in the Act.
Return of seized or produced records
Under Section 22(2A), a record, register or other document seized under clause (cc), or produced under clause (cca), is to be returned within twenty days from seizure or production after certified copies or extracts have been taken in the prescribed manner.
Obstruction of an Inspector
Section 22(3) provides that wilfully obstructing an Inspector in exercising powers conferred by or under Chapter IV, or refusing to produce a record, register or other document when required under Section 22(1)(cca), is punishable with imprisonment which may extend to three years, or with fine, or with both.
Related provisions
Section 22 should be read with Section 21 - Inspectors, Section 23 - Procedure of Inspectors, Section 24 - Persons bound to disclose place where drugs or cosmetics are manufactured or kept, and Section 25 - Reports of Government Analysts.
Legislative notes
1. Section 22 was substituted by Act 11 of 1955, section 11.
2. Clauses (a), (b) and (c) were substituted by Act 68 of 1982, section 19, with effect from 1 February 1983.
3. Clause (cc) was inserted by Act 35 of 1960, section 5, with effect from 16 March 1961.
4. Relevant words in clause (cc), clause (cca), sub-section (2A), and the additional words in sub-section (3) reflect amendments referred to in the statutory footnotes, including Act 68 of 1982.