Drugs & Cosmetics Act, 1940 – Section 26A & 22(1)(d) – Section 22(1)(d) is not a substitute for Section 26A of the D&C Act, 1940. While an Inspector may inspect premises, verify licenses, ensure proper record-keeping, and take action against specific offenses under the Act, the Inspector cannot supplant the Central Government’s prerogative by effectively banning a drug simply because of alleged misuse in certain quarters- If upon gathering evidence and seeking expert advice, the authorities believe that the drug poses health risks serious enough to warrant prohibition, their proper recourse is to move the Central Government to consider exercising its powers under Section 26A of the D&C Act, 1940. Until such a notification is issued, the drug cannot be unilaterally banned at the local level. (Para 11-12)
Drugs & Cosmetics Act, 1940 – Any restriction on a licensed medicinal preparation must rest on a firm statutory footing. (Para 13)