Drugs and Cosmetics Act, 1940
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[(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
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[a Judicial Magistrate] and take his
orders as to the custody thereof.]
24. Persons bound to disclose place where drugs or cosmetics are manufactured or kept. —Every
person for the time being in charge of any premises whereon any drug
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[or cosmetic] is being manufactured or
is kept for sale or distribution shall, on being required by an Inspector so to do, be legally bound to disclose to
the Inspector the place where the drug
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[or cosmetic] is being manufactured or is kept, as the case may be.
25. Reports of Government Analysts.—(1) The Government Analyst to whom a sample of any drug
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[or
cosmetic] has been submitted for test or analysis under sub-section (4) of section 23, shall deliver to the
Inspector submitting it a signed report in triplicate in the prescribed form.
(2) The Inspector on receipt thereof shall deliver one copy of the report to the person from whom the
sample was taken
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[and another copy to the person, if any, whose name, address and other particulars have
been disclosed under section 18A], and shall retain the third copy for use in any prosecution in respect of the
sample.
(3) Any document purporting to be a report signed by a Government Analyst under this Chapter shall be
evidence to the facts stated therein, and such evidence shall be conclusive unless the person from whom the
sample was taken
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[or the person whose name, address and other particulars have been disclosed under
section 18A] has, within twenty-eight days of the receipt of a copy of the report, notified in writing the
Inspector or the Court before which any proceedings in respect of the sample are pending that he intends to
adduce evidence in controversion of the report.
(4) Unless the sample has already been tested or analysed in the Central Drugs Laboratory, where a
person has under sub-section (3) notified his intention of adducing evidence in controversion of a Government
Analyst‘s report, the Court may, of its own motion or in its discretion at the request either of the complainant
or the accused, cause the sample of the drug
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[or cosmetic] produced before the Magistrate under sub-
section (4) of section 23 to be sent for test or analysis to the said Laboratory, which shall make the test or
analysis and report in writing signed by, or under the authority of, the Director of the Central Drugs
Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein.
(5) The cost of a test or analysis made by the Central Drugs Laboratory under sub-section (4) shall be
paid by the complainant or accused as the Court shall direct.
26. Purchaser of drug
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[or cosmetic] enabled to obtain test or analysis.—Any person
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[or any
recognised consumer association, whether such person is a member of that association or not,] shall, on
application in the prescribed manner and on payment of the prescribed fee, be entitled to submit for test or
analysis to a Government Analyst any drug
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[or cosmetic]
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[purchased by him or it] and to receive a report of
such test or analysis signed by the Government Analyst.
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[Explanation.—For the purposes of this section and section 32, ―recognised consumer association‖
means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other
law for the time being in force.]
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[26A. Power of Central Government to prohibit manufacture, etc., of drug and cosmetic in public
interest.— Without prejudice to any other provision contained in this Chapter, if the Central Government is
satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that
any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients
and in such quantity for which there is no therapeutic justification and that in the public interest it is
necessary or expedient so to do, then, that Government may, by notification in the Official Gazette,
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[regulate, restrict or prohibit] the manufacture, sale or distribution of such drug or cosmetic.]
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[26B. Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public
interest. – Without prejudice to any other provision contained in this Chapter, if the Central Government is
satisfied that a drug is essential to meet the requirements of an emergency arising due to epidemic or natural
calamities and that in the public interest it is necessary or expedient so to do, then, that Government may, by
notification in the Official Gazette, regulate or restrict the manufacture, sale or distribution of such drug.]
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[27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.—Whoever,
himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or
exhibits or offers for sale or distributes, —
1. Ins. by Act 35 of 1960, s. 6 (w.e.f. 16-3-1961). 9. Ins. by Act 68 of 1982, s. 21 (w.e.f. 1-2-1983).
2. Subs. by Act 68 of 1982, s. 20, for ―a Magistrate‖ (w.e.f. 1-2-1983). 10. Subs. by Act 68 of 1982 s. 22, for s. 27 (w.e.f. 1-2-1983).
3. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964). 11. Sub. by Act 26 of 2008, s 4, for ―prohibit‖ (w.e.f 10-8-2009).
4. Subs. by Act 13 of 1964, s. 17, for certain words (w.e.f. 15-9-1964). 12. Ins. by Act 26 of 2008, sec 5(w.e.f. 10-8-2009).
5. Subs. by Act 13 of 1964 s.17, for ―or the said warrantor‖(w.e.f. 15-9-1964).
6. Ins. by Act 71 of 1986, s. 2 (w.e.f. 15-9-1987).
7. Subs. by Act 71 of 1986 s. 2, for ―purchased by him‖ (w.e.f. 15-9-1987).
8. Added by Act 71 of 1986 s. 2, (w.e.f. 15-9-1987).