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Prevention of Food Adulteration Act, 1954


20. Cognizance and trial of offences. –

1[(1)   No prosecution for an offence under this Act, not being an offence under this Sec. 14 or Sec. 14-A] shall be instituted except by, or with the written consent   of, 2[the Central Government or the State Government 3[***] or a person authorized in this behalf by general or special order, by the Central Government or the State Government  2 [***]:

Provided that a prosecution for an offence under this Act may be instituted by a purchaser 4 [or recognized consumer association] referred instituted to in Sec. 12 5[if he or it produces] in Court a copy of the report of the public analyst along with the complaint.

6[(2)   No Court interior to that of Metropolitan Magistrate or a, Judicial Magistrate of the   first class shall try any offence under this Act.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence, punishable under sub-section (I -AA) of Sec. 16 shall be cognizable and non-bailable.]

STATE AMENDMENT

West Bengal. -For Sec. 20, the following section shall be inserted, namely:”20.  Cognizance offences and arrest without warrant. -(1) All offences punishable under this Act shall be cognizable and non-bailable.

(2) Any police officer not below the rank of a Sub- Inspector of police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received 0f his having been concerned in any of the offences punishable under this Act.” 7

1. Subs. by Act 34 of 1976, Sec. 16 (w.e.f. Ist, April 1976).

2. Subs by Act 49 to 1964, Sec. II for certain words (w.e.f. Ist March 1965).

3. The words “or a local Authority” emitted by Act 34 oi’1976, Sec. 16 I-or certain words  (w.e.f. Ist April 1976).

4. Ins. by Act 70 of 1986, Sec. 3 (a) (w.e.f.Ist May, 1987)

5. Subs. by sec. 3 (b), ibid. (w.e.f. Ist May, for the words “if he produces”.

6. Subs. by Act 34 of 1976, sec. 16.            

7. Vide the west Bengal Act (XLII of 1973), published in the Calcutta Gazette, pt. III. No.267, dated 29th April , 1974 (w.e.f.29th April, 1974).



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