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The procedure emphasizes maintaining the integrity of the sample, proper documentation, and timely analysis to uphold legal standards ["Amway India Enterprises Regd. Office at New Delhi VS State of A. P. , rep. by Food Inspector Through Public Prosecutor, High Court of A. P. , Hyderabad - Andhra Pradesh"].
Analysis and Conclusion:
In the realm of regulatory enforcement, a drug inspector seizing a huge quantity of synthetic kumkum—a cosmetic item often scrutinized for compliance—raises critical questions about post-seizure handling. What happens next when a sample is collected and sent to the laboratory? Specifically, drug inspector seized huge quantity of synthetic kunkum. sample collected and sent to laboratory, what is the procedure to be followed regarding the remaining synthetic kunkumam? This blog explores the legal procedures under the Indian Drugs and Cosmetics Act, 1940 (D&C Act), drawing from key judicial findings and related cases to guide compliance. Note: This is general information, not specific legal advice—consult a qualified lawyer for your situation.
The D&C Act, particularly Sections 22 and 23, mandates strict protocols for sampling, seizure, and custody of drugs and cosmetics like synthetic kumkum. These provisions ensure the integrity of evidence and prevent tampering. Any deviation can vitiate the entire process, potentially invalidating prosecutions or analyses. Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559
The legal procedures for handling seized synthetic kumkum and remaining stock must strictly adhere to the provisions of the Indian Drugs and Cosmetics Act and Rules, emphasizing proper sampling, custody, and procedural compliance. Any deviation, such as unauthorized sampling, improper custody, or procedural irregularities, renders the process vitiated and potentially invalid. Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559
Similar principles echo in food adulteration cases under the Prevention of Food Adulteration (PFA) Act, where improper sampling led to acquittals due to discrepancies in analysis. For instance, in a case involving synthetic syrup, the trial court noted inadequacies in proving adulteration because the analysis did not conform to standards for the product category. THE FOOD INSPECTOR Vs AZIZ M.N. - 2019 Supreme(Online)(KER) 12823
Sampling must occur at designated locations—typically the manufacturing unit or retail premises—in the presence of the manufacturer or retailer. The sample is divided into three parts: one for the laboratory, one retained by the Drug Inspector, and one given to the manufacturer. Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559
Key requirements include:- Proper authorization and notification.- Presence of relevant parties to witness the process.- Assignment of new sample numbers for re-sampling if needed (e.g., due to damage or insufficient quantity).
The case highlighted in Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559 criticized sampling conducted on court premises without the manufacturer's presence, deeming it contrary to the statutory provisions. This underscores that evidence collection must be by authorized investigators, not judicial officers acting investigatively.
Insights from NDPS Act cases reinforce this: Samples must be drawn at the seizure site, properly sealed, and sent promptly to avoid delays that could fatalize prosecutions. In one instance, delays in sending samples to the Central Food Laboratory led to acquittal. Food Inspector VS Digidam Krishna Murthy - 2022 Supreme(Telangana) 391
Custody is a cornerstone of procedural validity. Seized drugs, including the remaining synthetic kumkum after sampling, should not be held solely by the Drug Inspector or manufacturer. Instead, a neutral third party is ideal to prevent tampering or contamination. Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559
Custody of seized drugs should be with a neutral third party to prevent tampering, not solely with the Drug Inspector or manufacturer. Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559
For huge quantities, secure storage under supervision is implied, though the D&C Act does not explicitly detail disposal. Related NDPS judgments stress designated godowns with double-locking systems and periodic inspections to curb pilferage. Union of India VS Mohanlal - 2016 3 Supreme 455 The Supreme Court has directed states to establish exclusive storage facilities, noting that malkhana storage leads to losses. . VS . - 2021 Supreme(Mad) 1886
In a drugs case, failure to send retained control samples to the Central Drug Laboratory undermined the prosecution. Virendra Kumar Goel vs State of U.P. - 2025 Supreme(All) 3521 Similarly, under NDPS, the entire seized quantity must be evaluated holistically, with samples representing the bulk accurately. NISHAR vs STATE OF KERALA - 2017 Supreme(Online)(KER) 10058
Post-sampling, the remaining stock requires:- Secure storage: In a controlled environment to maintain evidentiary value.- Proper documentation: Detailed records of custody transfers, seals, and chain of custody.- No unauthorized actions: Avoid creating ad-hoc rules or disposal without court orders.
The law implies awaiting lab results before further steps, such as potential forfeiture or destruction. Procedural lapses, like sending multiple bottles to labs without justification, compromise validity. Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559
From PFA cases, prompt analysis (within 14 days) and sharing reports is crucial. ABHISHEK MISHRA vs STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME CIVIL SECTT. LKO. AND OTHERS NDPS precedents warn against circulation of seized goods due to poor handling, urging judicial supervision for destruction. Union of India VS Mohanlal - 2012 Supreme(MP) 369
Courts frequently quash cases due to:- Additional sampling without notification or presence of parties. Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559- Improper locations (e.g., court premises). Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559- Custody lapses leading to tampering risks.- Delays in analysis or complaint filing. Food Inspector VS Digidam Krishna Murthy - 2022 Supreme(Telangana) 391
In an NDPS appeal, non-compliance with Section 52A (disposal certification) affected evidence admissibility, though deemed directory in some contexts. Shiv Shankar Dixit @ Kallu @ Kalu S/o Dinanath Dixit VS Union of India through the Commissioner Customs - 2016 Supreme(Pat) 1438 For synthetic substances, THC percentage analysis determines quantity classification, emphasizing representative sampling. KUMAR PAL VS STATE - 2015 Supreme(Del) 2125
Food cases parallel this: A dealer escaped liability for substandard drugs by proving purchase from a licensed source, highlighting the prosecution's burden. Virendra Kumar Goel vs State of U.P. - 2025 Supreme(All) 3521
To safeguard against invalidation:- Conduct sampling at source with witnesses.- Transfer custody to neutral third parties or designated facilities.- Document every step meticulously.- Await lab reports before handling remaining stock.- Seek magistrate certification for large disposals, per NDPS analogies.- Implement anti-pilferage measures like CCTV and audits.
Ensure sampling is conducted at the manufacturing or retail location in the presence of the manufacturer or retailer. Digital Vision VS State of Himachal Pradesh - 2020 0 Supreme(HP) 559
Handling remaining seized synthetic kumkum demands unwavering adherence to D&C Act protocols. Improper custody or sampling can derail cases, as seen across drugs, cosmetics, and narcotics jurisprudence. Manufacturers and retailers should demand transparency and neutrality in processes. While specifics may vary, procedural rigor protects all parties. For tailored guidance, engage legal experts promptly.
This post synthesizes judicial insights for educational purposes. Laws evolve—verify current statutes.
#DrugsAndCosmeticsAct, #SeizedKumkumProcedure, #LegalSampling
The Food Inspector purchased 6 sealed packets of 200 ml quantity from the business premises of M/s. Amway India Enterprises for being sent for analysis, by paying Rs.120/- towards its cost to the Area Manager-Sandeep Prakash and obtained cash receipt from him. ... The sample was subjected to examination by the Central Food Laboratory and as per the report of the Central Food Laboratory, the product contains synthetic food colour viz., Ponceau 4R contravening Rule 29 o....
Sample was taken by the Food Inspector in accordance with the law, and one sample was sent for analysis to the Regional Analytical Laboratory. After analysis, the Public Analyst sent a report that on analysis, the sample was found not conforming to the standard prescribed for synthetic syrup. ... The trial court has noticed a discrepency regarding the nature of the food article. The report of analysis shows that a syntheti....
One sample each of all other adulterants were also taken which were sent to public analyst laboratory. ... Only one sample was collected and no report was awaited of the said sample from the Public Analyst Laboratory but the FIR was lodged. 4. ... It refers to samples being collected by the Food Security Officer being sent for analysis within 14 days to the designated officer with a copy to Commissioner of Food Safety. ... de....
After purchasing the same, drawn three samples under the cover of panchanama and sent one part of the sealed sample jar to the Public Analyst, State Food Laboratory, Hyderabad on 12.09.2003 under intimation to Local Health Authority, Zone-V, Warangal and deposited the remaining two samples before the ... The Public Analyst sent his report dated 06.10.2003 opining that the sample contained synthetic colour Tartazine and was therefore, adulterated. The Assistant Food Co....
After purchasing the same, drawn three samples under the cover of panchanama and sent one part of the sealed sample jar to the Public Analyst, State Food Laboratory, Hyderabad on 12.09.2003 under intimation to Local Health Authority, Zone-V, Warangal and deposited the remaining two samples before the ... The Public Analyst sent his report dated 06.10.2003 opining that the sample contained synthetic colour Tartazine and was therefore, adulterated. The Assistant Food Co....
material were sent for its chemical examination. ... Clause 5 deals with the small quantity of narcotic drug whereas Clause 6 deals with commercial quantity. ... article is narcotic drug or psychotropic substance as the sample of the seized article has not been sent for chemical examination, span style="font-family:TimesNewRomanPSMT,serif
The Drug Inspector P.K. Rastogi (PW1) had also seized 118 tablets retained by the manufacturer i.e., Nectarine Pharmacy, as control sample on 17.11.1976. However, the same has never been sent to the Central Drug Laboratory, Calcutta. ... The aforesaid sample was sent by the Drug Inspector to the Central Drug Laboratory, Calcutta on 07.01.1976 for analysis. The ....
Accordingly, one part of the sample was called for from the Local (Health) Authority and sent to Central Food Laboratory. Ex. ... On receipt of the intimation regarding the launching of prosecution against him, the accused filed a petition before the court below seeking to send one part of the sample kept with the local (Health) Authority to the Central Food Laboratory for analysis. ... Admittedly, the sample was collected by the Food Inspe....
It stands well proved that the samples identified as buprenorphine injection at the laboratory were collected from the total quantity of psychotropic substance seized from the hands of two accused by the Sub Inspector. ... From the total quantity, he collected 10 ampules each as sample, and the sample packets were well packed and sealed according to law at the spot of detection itself. The remaining quan....
With reference to the THC percentage (2.2%) in the 50 grams sample as analyzed by Central Revenues Control Laboratory, Delhi, learned counsel for the appellant submitted that such percentage rendered the seized contraband as of small quantity or intermediate quantity but definitely not commercial quantity ... However, such concentration or the percentage of THC in a sample does not ipso facto determine the quantity of the contraband seized#....
1. What narcotic drugs and psychotropic substances (natural and synthetic) have been seized in the last 10 years and in what quantity? Provide year- wise and district-wise details of the seizure made by the relevant authority. 2. What are the steps, if any, taken by the seizing authorities to prevent damage, loss and pilferage of the narcotic drugs and psychotropic substances (natural and synthetic) during seizure/transit?
It has further been contended that the appellant has confessed before the Custom Authority, Superintendent Custom and Ext.1 is voluntary statement of the appellant and Ext.10 is interrogatory statement of the appellant in which he has accepted the recovery of Ganja. The compliance of Section 52A of the Act has not prejudiced the accused as the compliance of Section 52A of the Act is directory and not mandatory. The sample prepared on the spot was sent to the Chemical Laboratory and the Chemical Laboratory sent the report stating that the articles seized were Ganja in huge quantity.....
Provide yearwise and districtwise details of the seizure made by the relevant authority. Seizure (i) What narcotic drugs and psychotropic substances (natural and synthetic) have been seized in the last 10 years and in what quantity? The queries raised by this Court were in the following words:- “12.1.
(i) Huge quantity of controlled substances, namely, pseudoephedrine and ephedrine allocated under the licences have been siphoned off to manufacture methamphetamine (ICE) - a synthetic drug which is sold at exorbitant rates in the illicit drug market. (ii) The Drug Controlling Agencies of various States have independently verified and held that the alleged assignees of manufactured drugs are non-existent and the invoices are fake and fabricated;
1. What narcotic drugs and psychotropic substances (natural and synthetic) have been seized in the last 10 years and in what quantity? Provide year-wise and district-wise details of the seizure made by the relevant authority. 2. What are the steps, if any, taken by the seizing authorities to prevent damage, loss and pilferage of the narcotic drugs and psychotropic substances (natural and synthetic) during seizure/transit?
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