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Import of drugs under
Drugs and Cosmetics Act
1940
Provision of Act| Light Gray, Accent 4
Darker 25%
Provision
of Act
Manufacturing
Import
Sales
labeling & packaging
o Classes of drugs prohibited to
import
o Import of drug under license
1. Specified in Schedule-
C/C1
2. Specified in Schedule-X
3. Imported for
Test/Analysis
4. Imported for personal
use
5. Any new drugs
o Drugs exempted from
Import of Drugs
• Misbranded drugs
• Drugs of substandard quality
• Drugs claiming to cure diseases specified in Sch-J
• Adulterated drugs
• Spurious drugs
• Drugs whose manufacture, sale/distribution are prohibited in original
country, except for the purpose of test, examination and analysis.
• Patent/Proprietary medicines whose true formula is not disclosed.
Classes of drugs to import
PROHIBITED
 Licensee must have adequate facility for the storage.
 Licensee must maintain a record of the sale.
 Licensee must allow an inspector to inspect premises and to check the
records.
 Licensee must furnish the sample to the authority.
 Licensee must not sell drugs from which sample is withdrawn and he is
advised not to sale, and recall the batch from the market.
Conditions to be fulfilled
• Licensee must have adequate storage facility.
• Applicant must be reputable in the occupation, trade or business.
• The license granted even before should not be suspended or cancelled.
• The licensee has not been convicted any offence under the Drugs and
Cosmetics Act or Narcotic and Psychotropic Substances Act.
Import of the Schedule-X drugs
(Narcotic & Psychotropic drugs)
Conditions to be fulfilled
• License is necessary under form-11
• Must use imported drugs only for said purpose and at the place
specified in the license.
• Must keep the record with respect to quantities, name of the
manufacturer and date of import.
• Must allow an inspector to inspect the premises and check the
records.
Drugs Imported for examination, test or analysis
Conditions to be fulfilled
 Substances not used for medicinal purpose
 Drugs in Sch-C1 required for manufacturing and not for medicinal use.
 Substances which are both drugs and foods such as:
Condensed/Powdered Milk
Malt
Lactose
Farex/Cereal
Oats
 Predigested foods
 Ginger, Pepper, Cumin, Cinnamon
Import of drugs without license
OFFENCES PENALTIES
Import of spurious OR
adulterated drug OR drug which
involves risk to human beings or
animals OR drug not having
therapeutic values
a) 3 years imprisonment and
5000 Rs. fine on first
conviction
b) 5 years imprisonment OR
1000 Rs. fine OR both for
subsequent conviction
Contravention of the provision a) 6 months imprisonment OR
500 Rs. fine OR both for first
conviction
b) 1 year imprisonment OR 1000
Rs. fine for subsequent offence
Penalties related to Import
• Misbranded cosmetics
• Spurious cosmetics
• Cosmetic containing harmful ingredients
• Cosmetics not of standard quality
• which contains more than-2 ppm Arsenic, 20 ppm lead,
100 ppm heavy metals
Cosmetics PROHIBITED to import

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Pharmaceutical JURISPRUDENCE

  • 1.
  • 2. Import of drugs under Drugs and Cosmetics Act 1940 Provision of Act| Light Gray, Accent 4 Darker 25%
  • 4. o Classes of drugs prohibited to import o Import of drug under license 1. Specified in Schedule- C/C1 2. Specified in Schedule-X 3. Imported for Test/Analysis 4. Imported for personal use 5. Any new drugs o Drugs exempted from Import of Drugs
  • 5. • Misbranded drugs • Drugs of substandard quality • Drugs claiming to cure diseases specified in Sch-J • Adulterated drugs • Spurious drugs • Drugs whose manufacture, sale/distribution are prohibited in original country, except for the purpose of test, examination and analysis. • Patent/Proprietary medicines whose true formula is not disclosed. Classes of drugs to import PROHIBITED
  • 6.
  • 7.  Licensee must have adequate facility for the storage.  Licensee must maintain a record of the sale.  Licensee must allow an inspector to inspect premises and to check the records.  Licensee must furnish the sample to the authority.  Licensee must not sell drugs from which sample is withdrawn and he is advised not to sale, and recall the batch from the market. Conditions to be fulfilled
  • 8. • Licensee must have adequate storage facility. • Applicant must be reputable in the occupation, trade or business. • The license granted even before should not be suspended or cancelled. • The licensee has not been convicted any offence under the Drugs and Cosmetics Act or Narcotic and Psychotropic Substances Act. Import of the Schedule-X drugs (Narcotic & Psychotropic drugs) Conditions to be fulfilled
  • 9. • License is necessary under form-11 • Must use imported drugs only for said purpose and at the place specified in the license. • Must keep the record with respect to quantities, name of the manufacturer and date of import. • Must allow an inspector to inspect the premises and check the records. Drugs Imported for examination, test or analysis Conditions to be fulfilled
  • 10.  Substances not used for medicinal purpose  Drugs in Sch-C1 required for manufacturing and not for medicinal use.  Substances which are both drugs and foods such as: Condensed/Powdered Milk Malt Lactose Farex/Cereal Oats  Predigested foods  Ginger, Pepper, Cumin, Cinnamon Import of drugs without license
  • 11. OFFENCES PENALTIES Import of spurious OR adulterated drug OR drug which involves risk to human beings or animals OR drug not having therapeutic values a) 3 years imprisonment and 5000 Rs. fine on first conviction b) 5 years imprisonment OR 1000 Rs. fine OR both for subsequent conviction Contravention of the provision a) 6 months imprisonment OR 500 Rs. fine OR both for first conviction b) 1 year imprisonment OR 1000 Rs. fine for subsequent offence Penalties related to Import
  • 12. • Misbranded cosmetics • Spurious cosmetics • Cosmetic containing harmful ingredients • Cosmetics not of standard quality • which contains more than-2 ppm Arsenic, 20 ppm lead, 100 ppm heavy metals Cosmetics PROHIBITED to import