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Section 10A – The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

 

 

10A. Power of Central Government to prohibit import of drugs and cosmetics in public interest. –

 

1[10A. Power of Central Government to prohibit import of drugs and cosmetics in public interest.

 

Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do then, that Government may, by notification in the Official Gazette, prohibit the import of such drug or cosmetic.

 

COMMENTS

The Central Government on the basis of the expert advice can indeed adopt an approved national policy and prescribe an adequate number of formulations which would on the whole meet the requirement of the people at large. While laying the guidelines on this score, injurious drugs should be totally eliminated from the market; Vincent Panikurlangara v. Union of India, AIR 1987 SC 990.

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1. Ins. by Act 68 of 1982, sec. 8 (w.e.f. 1-2-1983).

 

 

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The Drugs and Cosmetics Act, 1940

 

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