Section 22 of the Drugs and Cosmetics Act, 1940 deals with Powers of Inspectors.
Bare Text
[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,—
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[(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;
1. Subs by Act 35 of 1960, s. 4, for the original sections 20 and 21 (w.e.f. 16-3-1961).
2. Subs. by Act 21 of 1962, s. 16, for “class of drugs” (w.e.f. 27-7-1964).
3. Ins. by Act 68 of 1982, s. 17 (w.e.f. 1-2-1983).
4. Subs. by Act 21 of 1962, s. 17, for “class of drugs” (w.e.f. 27-7-1964).
5. Subs. by s. 17, ibid., for “in the manufacture, import or sale of drugs” (w.e.f. 27-7-1964).
6. Ins. by Act 68 of 1982, s. 18 (w.e.f. 1-2-1983).
7. Subs. by Act 11 of 1955, s. 11, for s. 22.
8. Subs. by Act 68 of 1982, s. 19, for cls. (a), (b) and (c) (w.e.f. 1-2-1983).
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(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 dru g 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 o f which the offence has been, or is
being, committed or which may be employed for the commission of such offence;]
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[(cc) examine any record, register, document or any other material object found 2[with
any person, or in any place, vehicle, vessel or othe r 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;]
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[(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 4[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 5[section 94] of the said Code.
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[(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 produce the
1. Ins. by Act 35 of 1960, s. 5 (w.e.f. 16-3-1961).
2. Subs. by Act 68 of 1982, s. 19, for certain words (w.e.f. 1-2-1983).
3. Ins. by s. 19, ibid. (w.e.f. 1-2-1983).
4. Subs. by s. 19, ibid., for “the Code of Criminal Procedure, 1898” (w.e.f. 1-2-1983).
5. Subs. by s. 19, ibid., for “section 98” (w.e.f. 1-2-1983).
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same, within a period of twenty days of the date of such seizure or produ ction, 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 1[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.]
Simple Meaning
Section 22 sets out the statutory powers of Inspectors under the Drugs and Cosmetics Act, 1940. Subject to Section 23 and applicable rules, an Inspector may inspect premises where drugs or cosmetics are manufactured, sold, stocked, exhibited, offered for sale or distributed, and may exercise other enforcement powers provided by the section.
Compliance Relevance
This provision is important during inspections, sample collection, record verification, search and seizure and enforcement proceedings. Pharmacies, manufacturers and distributors should understand the scope of Inspector powers and maintain proper records, purchase invoices, sale documents and compliance documentation.
Related Provisions
Section 18, Section 23, Section 25, Section 27
Official Source
Verified from the official India Code PDF of the Drugs and Cosmetics Act, 1940. Readers should re-check the latest official text before professional reliance.