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(a) Scheme of the Act provides sampling at only two places i.e. place of retailer or place of manufacturing, but no other place and one sample taken at manufacturing Unit is to be divided into three samples, one portion is to be sent to Government Analyst for test or analysis and second sample is to be .

retained by the Drug Inspector and third sample is to be given to the manufacturer and nowhere, procedure for taking additional sample has been provided in the Act;

and, therefore, in order to meet with requirement of the Government Analyst, Drug Inspector, by virtue of provisions of Section 22(1)(d) of the Act, was empowered to take additional quantity of sample but definitely adhering to under such exercise procedure prescribed for taking sample under Section 23 of the Act. So far as, power of Inspector to take additional sample/additional quantity of sample is concerned, that flows from Section 22(1)(d) of the Act, as there is no provision in the Act describing the method and manner to be adopted for taking additional quantity of sample/additional sample in a situation like present one.

48. Undoubtedly, for sampling, procedure prescribed under Section 23 of the Act, is to be adhered to whether it is initial sample or additional sample. There is no specific provision for taking additional sample, but at the same time, where quantity of sample taken in initial sample, is found to be insufficient for conducting tests, required necessarily for investigation under Chapter-III of the Act, there is no prohibition under the Act for taking additional quantity/additional sample in continuation to initial sample taken by the Inspector.

49. Though, in view of Section 22(1)(d) of the Act, there is no vacuum in law in this regard as this provision empowers the Inspector to cope with any situation like present one and to take appropriate action, in accordance with the provisions prescribed under the Act to take additional quantity/sample also. However, even if, it is considered that there is absence of specific .

provision, then also, for no prohibition in law to take additional quantity/sample, by adopting procedure, prescribed under Section 23 of the Act. Drug Inspector is definitely entitled to seek permission to do so and learned Magistrate definitely has jurisdiction to allow such request of the Drug Inspector, which is necessary for carrying out purposes of Chapter-III of the Act and Rules made thereunder.