Section 23 Drugs and Cosmetics Act 1940 - Procedure of Inspectors
Section 23 of the Drugs and Cosmetics Act, 1940 lays down the procedure an Inspector must follow when taking samples, seizing stock or records, sending samples for analysis and dealing with seized material under Chapter IV of the Act.
Meaning and scope of Section 23
The provision is designed to document and preserve the integrity of inspection and sampling. It addresses payment or receipt for samples and seized stock, written notice of sampling, division and sealing of samples, distribution of sample portions, prompt action concerning seized stock, and judicial custody of seized records or other material objects.
Section 23 - Procedure of Inspectors
(1) Where an Inspector takes any sample of a drug or cosmetic under this Chapter, the Inspector shall tender the fair price thereof and may require a written acknowledgment.
(2) If the price tendered is refused, or stock is seized under clause (c) of Section 22, the Inspector shall tender a receipt in the prescribed form.
(3) When a sample is taken for test or analysis, the Inspector must intimate that purpose in writing in the prescribed form. In the presence of the person from whom the sample is taken, unless that person wilfully absents himself, the sample is ordinarily divided into four portions, effectively sealed and suitably marked, and the person may add his own seal and mark.
Where a sample is taken from premises where the drug or cosmetic is being manufactured, division into three portions is sufficient. For small-volume containers, or material likely to deteriorate or be damaged by exposure, the Inspector may or, where applicable, shall take three or four containers instead of dividing the contents, after suitable marking and necessary sealing.
(4) One portion or container is restored to the person from whom it was taken. Of the remainder, one is sent forthwith to the Government Analyst; the second is produced before the Court if proceedings are instituted; and the third, where taken, is sent to the person whose particulars have been disclosed under Section 18A.
Action after seizure under Section 22
Section 23(5)(a): The Inspector must act with all despatch to determine whether the drug or cosmetic contravenes Section 18. If no contravention is found, the relevant order must be revoked or the seized stock returned, as applicable.
Section 23(5)(b): If stock is seized, the Inspector must, as soon as may be, inform a Judicial Magistrate and obtain orders concerning its custody.
Section 23(5)(c): Without prejudice to prosecution, where the alleged defect is capable of being remedied by the possessor and the Inspector is satisfied that it has been remedied, the Inspector must forthwith revoke the order made under Section 22(c).
Section 23(6): Where any record, register, document or other material object is seized under Section 22(1)(cc), the Inspector must, as soon as may be, inform a Judicial Magistrate and obtain orders concerning custody.
Key provisions referred to in Section 23
Section 18 - Prohibition relating to manufacture and sale
Section 18 contains central prohibitions governing the manufacture for sale or distribution, sale, stocking, exhibition, offer for sale and distribution of specified drugs and cosmetics in contravention of the Act.
Section 18A - Disclosure of manufacturer
Section 18A requires disclosure of the name, address and other particulars of the person from whom a drug or cosmetic was acquired when required by an Inspector. Section 23(4)(iii) uses that disclosure to identify the person to whom the third sample portion is to be sent.
Section 22 - Powers of Inspectors
Section 22 authorizes specified inspection, sampling, search and seizure actions. Section 23 supplies the procedure that accompanies important exercises of those powers.
Practical effect of the sampling procedure
The statutory process creates separately sealed portions for analysis, possible court proceedings, the person sampled and, where applicable, the person identified under Section 18A. The written intimation, sealing and marking requirements also provide a documented chain for the sample taken during inspection.
Amendment notes retained from the source text
The source page records historical amendments including insertion of references to cosmetics by Act 21 of 1962, substitution of clause (iii) by Act 13 of 1964, substitution of the expression "a Judicial Magistrate" by Act 68 of 1982, and insertion of sub-section (6) by Act 35 of 1960.
Official legal sources
For the authoritative text and current official materials, consult India Code - Drugs and Cosmetics Act, 1940 and the Central Drugs Standard Control Organization Acts and Rules page.
Note: This page is an explanatory legal article. For a proceeding, inspection or compliance decision, the applicable statutory text, rules, prescribed forms, amendments and notifications should be checked in their official version.