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8. On the other hand, the submissions which have been urged on behalf of the State are as follows:

(i)While construing the provisions of Rule 49, it is necessary for the Court to bear in mind the reason for enacting the provision, the evils which it intended to eradicate and the object which was sought to be subserved. The Drugs and Cosmetics Act, 1940 broadly deals with (i) Ayurvedic, Siddha and Unani drugs; and (ii) other drugs or cosmetics. The Act prescribes different qualifications for both these categories. Section 12 empowers the Central Government to make rules for giving effect to the provisions of Chapter III which deals with import of drugs and cosmetics. Section 33 empowers the Central Government to make rules to give effect to the provisions of Chapter IV which deals with the manufacture, sale and distribution of drugs and cosmetics. Section 33N empowers the Central Government to make rules to give effect to the provisions of Chapter IVA which deals with provisions for Ayurvedic, Siddha and Unani drugs;
(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 drug 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;
(d) exercise such other powers as may be necessary for carrying out the purposes of this Chapter or any rules made thereunder."

11. Section 33 (1) of the Act of 1940 empowers the Central Government to make rules for the purposes of giving effect to the provisions of Chapter IV which deals with the manufacture, sale and distribution of drugs and cosmetics. Under Section 33 (2) (b), the rules may "prescribe the qualifications .. of Inspectors". Clause (2)(n) of Section 33 prescribes that the rules may provide for the powers and duties of Inspectors, the qualifications of the authority to which such Inspectors shall be subordinate and "specify the drugs or classes of drugs or cosmetics or classes of cosmetics in relation to which and the conditions, limitations or restrictions subject to which such powers and duties may be exercised or performed". Rule 49 of the Drugs and Cosmetics Rules 1945, which has been extracted above, is a constituent part of Part V of the Rules which deals with Government Analysts, Inspectors, Licensing Authorities and Controlling Authorities. Rule 51 specifies the duties of Inspectors to inspect premises licensed for the sale of products. Rule 52 specifies the duties of Inspectors who are authorized to inspect the manufacture of drugs or cosmetics. Rules 51 and 52 are as follows:

(a) he has acquired not less than 18 months experience in testing of at least one of the substances specified in Schedule 'C' of the Drugs and Cosmetics Rules, 1945, framed under the Drugs and Cosmetics Act, 1940, in a laboratory approved for this purpose by the licensing authority; or has acquired not less than 18 months experience in the manufacture of at least one of the substances specified in Schedule 'C' of the Drugs and Cosmetics Rules, 1945, framed under the Drugs and Cosmetics Act, 1940;