rakeshfatehpur (Advocate) 23 May 2010

Kesari Dal

Dear Sir,

A sample of Chane Ki Dal found adulterated after analysis of sample. The kesari gram was found. Kesari is prohibited under rule 44 A Prevention of Food adutleration Rule 1955.

The analyst report is" Kesari is prohibited . Sample is fit for human consumption. Sample is adulterated".

Now after the instruction of executive officer , Food inspector who takes the sample filed a FIR u/s 272/273 IPC & 7/16 PFAAct. In UP 272 / 273 IPC amended & life imprisonment was inserted.

In this PFAAct was ignored. PFAAct is special Act & IPC is general Act.

If the compliant is filed u/s7/16 PFAAct readwith 44 A the punishment is 1 years to 6 year with fine 2000/- minimum. But u/s 272/273 IPC the punishment is life imprisonment (in UP)

The basic principal of criminal law is an accused must be tried for lowerest punishment.

My question is

when 272/273 IPC attracted & when 7/16 be effective?

Is there is any citation of SC /any HC ?

What is remedy the accused may seek ?

Rakesh

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3 Replies

Anil Agrawal (Retired) 23 May 2010

The basic principal of criminal law is an accused must be tried for lowerest punishment.

What happens if a terrorist shoots a person injuring him seriously (but not dead) in the Taj Mahal Hotel and then lobs a hand grenade killing 20 persons in the lobby.

Tried for lowest punishment?

R Kumar (Advocate) 24 May 2010

At the time of framing the charge Court have to satisfy whether the said adulterated item is injurious to health or not? if yes the case will fall with in the ambit of section 272/273 I.P.C. otherwise not.

The adulteration act is only for the adulteration which is not injurious to health e.g. less fat in the milk etc. in such case only Prevention of food adulteration act will be applied but if adulterated item is harmful for life then accused will be tried under the charge of section 272/ 273. It can not be said that P.F.A. is special law and I.P.C. is general law. Both law is applicable for crime of different nature.

Thanks.