Section 11 of The Drugs and Cosmetics Act, 1940
- (1)The law for the time being in force relating to sea customs and to goods, the import of which is prohibited by section 18 of the Sea Customs Act, 1878 1 (18 of 1878) shall, subject to the provisions of section 13 of this Act, apply in respect of drugs 2[and cosmetics] the import of which is prohibited under this Chapter and officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a 3[Commissioner of Custom and other officers of Customs, shall have the same powers in respect of such drugs 4[and cosmetics] as they have for the time being in respect of such goods as aforesaid. 5[(2) Without prejudice to the provisions of sub-section (1), the 6[Commissioner of Customs] or any officer of the Government authorised by the Central Government in this behalf, may detain any imported package which he suspects to contain any drug 4[or cosmetic] the import of which is prohibited under this Chapter and shall forthwith report such detention to the Drugs Controller, India and, if necessary, forward the p ackage or sample of any suspected drug 4[or cosmetic] found therein to the Central Drugs Laboratory.]
Summary
- This section links the drug import laws with general sea customs laws to control prohibited imports.
- Customs officers have the same powers to stop and check illegal drugs and cosmetics as they do for other contraband.
- Customs officers can detain, which means legally hold back, any imported package they suspect contains illegal drugs or cosmetics.
- Detentions of suspected packages must be reported immediately to the Drugs Controller of India.
- If necessary, the customs officer must send the suspected sample to the Central Drugs Laboratory for testing.
Practical examples
FAQ
1. Which authority must a customs officer report to after detaining a suspicious drug package under Section 11 of the Drugs and Cosmetics Act, 1940?
Under Section 11 of the Drugs and Cosmetics Act, 1940, the customs officer must immediately report the detention to the Drugs Controller, India.
2. What can a customs officer do if they suspect an imported package contains prohibited cosmetics under Section 11 of the Drugs and Cosmetics Act, 1940?
Under Section 11 of the Drugs and Cosmetics Act, 1940, the officer can detain the package and, if necessary, forward a sample of the suspected cosmetic to the Central Drugs Laboratory.
3. Does the general customs law apply to prohibited drug imports under Section 11 of the Drugs and Cosmetics Act, 1940?
Yes, Section 11 of the Drugs and Cosmetics Act, 1940 states that the law relating to sea customs applies to prohibited drug and cosmetic imports, giving customs officers full enforcement powers.
Test yourself
Q1.Under Section 11 of the Drugs and Cosmetics Act, 1940, which national institution is responsible for analyzing suspected samples sent by customs officers?
Q2.Under Section 11 of the Drugs and Cosmetics Act, 1940, who is the primary regulatory official who must be informed immediately when a package is detained?
Q3.Under Section 11 of the Drugs and Cosmetics Act, 1940, how do the customs officer's detention powers connect with the criminal punishments found under Section 13 of the Act?
Q4.Under Section 11 of the Drugs and Cosmetics Act, 1940, which official can detain an imported package suspected of containing prohibited drugs or cosmetics?