Section 22:
Powers of Inspectors.
1[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,--
2[(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 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 of which the offence has been, or is
being, committed or which may be employed for the commission of such offence;]
3[(cc) examine any record, register, document or any other material object found 4[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;]
5[(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 6[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 7[section 94] of the said Code.
5[(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 thesame, 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 8[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.]
Notes:
1. Subs. by Act 11 of 1955, s. 11, for s. 22.
2. Subs. by Act 68 of 1982, s. 19, for cls. (a), (b) and (c) (w.e.f. 1-2-1983).
3. Ins. by Act 35 of 1960, s. 5 (w.e.f. 16-3-1961).
4. Subs. by Act 68 of 1982, s. 19, for certain words (w.e.f. 1-2-1983).
5. Ins. by s. 19, ibid. (w.e.f. 1-2-1983).
6. Subs. by s. 19, ibid., for "the Code of Criminal Procedure, 1898" (w.e.f. 1-2-1983).
7. Subs. by s. 19, ibid., for "section 98" (w.e.f. 1-2-1983).
8. Ins. by Act 68 of 1982, s. 19 (w.e.f. 1-2-1983).