Section 46 When the Committee is of the opinion that any narcotics of category III, the medicinal formula of which has been registered and the certificate of which has already been issued, do not possess the quality as declared in the registration of the medicinal formula or may be unsafe to the consumers or there is a reasonable cause to withdraw the permission, the Committee shall submit the matter to the Minister who shall have the power to revoke the registration of the medicinal formula of the narcotics of category III by publishing the order of revocation in the Government Gazette.

The order of the Minister shall be final.

Section 47 In the case where the certificate of registration of the medicinal formula of the narcotics of category III is lost, destroyed or materially defaced, the licensee shall notify the licensing authority and file an application for a substitute for the certificate within fifteen days from the date he is aware of the loss, destruction or defacement.
The application for a substitute for the certificate of registration of the medicinal formula of the narcotics of category III and the issuance thereof shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.

CHAPTER 7
Advertisement

⁽³⁰⁾Section 48 No person shall advertise narcotics for commercial purpose unless:

(1)the advertisement of narcotics of category II or category III is made directed to a medical practitioner, dental practitioner, pharmaceutical practitioner, first-class veterinary practitioner or
(2)it is a label or leaflet for the narcotics of category II, category III or category IV on the container or package thereof.

The advertisement which is document, picture, film, voice or picture record, under paragraph one shall be permitted by licensing authority before advertising.

The application for and the issuance of a license shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulations.

⁽³¹⁾Section 48/1 No person shall advertise relating to treatment or allow anyone to act thereof by using his name or the name or location or business of his medical establishment or qualifications or abilities of practitioners in his medical establishment unless he is permitted by the licensing authority.

The application for and the issuance of license shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulations.

The provisions of paragraph one shall not apply to the medical establishment of the State.

⁽³²⁾Section 48/2 In case when the licensing authority decides any advertisement violate Section 48 paragraph two or Section 48/1 paragraph two or there are usage of advertisement wording not in accordance with what has been permitted by the licensing authority, the licensing authority shall have the powers to issue an order or orders as follows:

(1)to correct wording or methods of advertisement
(2)to forbid the usage of some specific wording as appear on the advertisement
(3)to forbid the advertisement or the use of such method for advertisement
(4)to advertise in order to correct the misunderstanding that may happened

In the issuance of the order under (4) the licensing authority shall define the rules and methods of advertisement by taking into account of public interest and the good faith in the action of the advertising agency.

CHAPTER 8
Competent Officials

⁽³³⁾Section 49 In the execution of this Act, the competent official shall have the powers as follows:

(1)to enter the place of business of the import or export licensee, the place of production, and the place of disposal, the storage of narcotics or the premises that require a permission under this Act, in order to inspect compliances with this Act.

(2)to enter the dwelling place, or any place to search when there is a reasonable grounds to believe that there is property which is possessed to be an offence or acquired by committed an offence, or used or will be used to commit an offence this Act or which may be used as evidence, and there are reasonable grounds to believe that by reason of the delay in obtaining a warrant of search the property is likely to be removed hidden, or destroyed or diverted original condition.

(3)to search any person and vehicle when there are reasonable grounds for suspecting that there are narcotics hidden unlawfully.

(4)to search in accordance with the provisions of the Criminal Procedure Code

(5)to seize or attach unlawfully possessed narcotics, or any other properties which is used or will be used to commit an offence in accordance with this Act.

The usage of the power under the paragraph one (2), the competent official making the search shall act compliance with the regulation promulgated by the Committee to identify good faith before searching, to reports reasons and results to the higher commanding official, to records the reasonable grounds to believe and the competent official shall show the document to identify himself and the document of searching power including the reasonable cause to believe that be entitled to do so and submit a document issued to the occupier of the dwelling place, searched place, unless there is no occupier at that place, the competent official making the search shall submit the copy of such papers and documents to the occupier immediately as soon as possible. And in case of a search made during night time, the competent official who is the chief of that search must be a civil official at position of level 7 upward or a police Chief officer or equivalent that has the rank of Lieutenant Colonel or higher.

The competent official of what rank and of what level, who shall have the power and duties as prescribed in paragraph one, wholly or in part, or must be authorized by any person before taking action, shall be designated by the Minister, with the approval of the Committee, who shall issue a document of authorization to the competent official.

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(30) Repealed and Replaced by section 13 of the Narcotics Act (No.5) B.E.2545 (2002)

(31) Added by section 14 of the Narcotics Act (No.5) B.E.2545 (2002)

(32) Added by section 14 of the Narcotics Act (No.5) B.E.2545 (2002)

(33) Repealed and Replaced by section 15 of the Narcotics Act (No.5) B.E.2545 (2002)