From such date 1 as may be fixed by the Central Government by notification in the Official Gazette in this behalf, no person shall import—
(a) any drug 2 [or cosmetic] which is not of standard quality;
3 [(b) any misbranded drug 4 [or misbranded or spurious cosmetic;]
1. 1st April, 1947 for cls. (a), (b), (c), (e) and (f) and 1st April 1949 for cl. (d) see Notifn. No.18- 12/46-D (I), dated the 11th February 1947, Gazette of India, 1947, Pt. 1, P. 189 as amended by Notifn. No.F.1-2/48-D (1), dated the 29th September,1948.
1st April, 1953 for the States of Himachal Pradesh, Bilaspur, Kutch, Bhopal,Tripura, Vindhya Pradesh and Manipur; vide Notifn. No. S.R.O. 666, dated the 30th March, 1953, Gazette of India, 1953, Pt. II, Sec. 3, p.451.
2. Ins. by Act 21 of 1962, s. 8 (w.e.f. 27-7-1964).
3. Subs. by Act 21 of 1962, s. 8, for cl. (b) (w.e.f. 27-7-1964).
4. Subs. by Act 68 of 1982, s.7, for ―or misbranded cosmetic‖ (w.e.f. 1-2-1983).
Drugs and Cosmetics Act, 1940 12 1 [(bb) any 2 [adulterated or spurious] drug;]
(c) any drug 3 [or cosmetic] for the import of which a licence is prescribed, otherwise than under, and in accordance with, such licence;
4 [(d) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof 5 [the true formula or list of active ingredients contained in it, together with the quantities thereof;]
(e) any drug which by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect, as may be prescribed;
3 [(ee) any cosmetic containing any ingredient which may render it unsafe or harmful for use under the directions indicated or recommended;]
(f) any drug 3 [or cosmetic] the import of which is prohibited by rule made under this Chapter:
Provided that nothing in this section shall apply to the import, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis or for personal use:
Provided further that the Central Government may, after consultation with the Board, by notification in the Official Gazette, permit, subject to any conditions specified in the notification, the import of any drug or class of drugs not being of standard quality.
6 [* * * * *] 7 [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.]