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Union of India - Section

Section 40 in The Drugs and Cosmetics Rules, 1945

40. [ Procedure for the import of drugs. [Substituted by S.R.O. 2106, dated 3.11.1953.]

(1)If the Customs Collector has reason to doubt whether any drugs comply with the provisions of Chapter III of the Act and rules thereunder he may, and if requested by any officer appointed for this purpose by the Central Government shall, take samples of any drugs in the consignment and forward them to the director of the laboratory appointed for this purpose by the Central Government and may detain the drugs in the consignment of which samples have been taken until the report of the director of the said laboratory or any other officer empowered by him on this behalf, subject to the approval of the Central Government on such samples is received:Provided that if the importer gives an undertaking in writing not to dispose of the drugs without the consent of the Customs Collector and to return the consignment or such portion thereof as may be required, the Customs Collector shall make over the consignment to the importer.
(2)If an importer who has given an undertaking under the proviso to sub-rule (1) is required by the Customs Collector to return the consignment or any portion thereof he shall return the consignment or portion thereof within ten days of receipt of the notice.]