Section 23. Procedure of Inspectors
(1) Where an Inspector takes any sample of a drug or cosmetic under this Chapter, he shall tender the fair price thereof and may require a written acknowledgment therefor.
(2) Where the price tendered under sub-section (1) is refused, or where the Inspector seizes the stock of any drug or cosmetic under clause (c) of section 22, he shall tender a receipt therefor in the prescribed form.
(3) Where an Inspector takes a sample of a drug or cosmetic for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into four portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark: Provided that where the sample is taken from premises whereon the drug or cosmetic is being manufactured, it shall be necessary to divide the sample into three portions only: Provided further that where the drug or cosmetic is made up in containers of small volume, the Inspector may take three or four containers instead of dividing the sample.
(4) The Inspector shall restore one portion or container to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows: (i) one portion or container he shall forthwith send to the Government Analyst for test or analysis; (ii) the second, he shall produce to the Court before which proceedings, if any, are instituted; and (iii) the third, where taken, he shall send to the person, if any, whose name, address and other particulars have been disclosed under section 18A.
(5) Where an Inspector takes any action under clause (c) of section 22 — (a) he shall use all despatch in ascertaining whether or not the drug or cosmetic contravenes any of the provisions of section 18 and, if it does not, forthwith revoke the order or take action for return of the stock seized; (b) if he seizes the stock, he shall as soon as may be inform a Judicial Magistrate and take his orders as to the custody thereof; (c) without prejudice to prosecution, if the defect may be remedied by the possessor, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order.
(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 a Judicial Magistrate and take his orders as to the custody thereof.
Source: The Drugs and Cosmetics Act, 1940 (Act No. 23 of 1940), Chapter IV.
