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rakeshfatehpur (Advocate)     05 September 2010

272/273 IPC & PFAAct

UP Amendment u/s 272/273 IPC  is effective from 1975 ( Act no 47 of 1975). The word "noxious' is not defined in IPC. It is defined in Sec 2(XV) PFAAct. The effective amendment came into effect on 01/04/1976 ( Vide act no 34  of 1976) .

After this amendment the UP Amendment ( Act no 47 of 1975 ) be omitted in view of Sec 25  Repeal & Saving of PFAAct.

It was in Fatehpur District , a sample of milk was taken. It was found adulterated by Public Analyst . The non - fatty solids was deficient by 14 % & found presence of Glucose. One FIR u/s 272/273 under the written command of Sri HP Sharma Dy Inspector General of Police was instituted by Food Inspector & another by same Food Inspector a complaint u/s 7/16 PFAAct is being launched. 

Whether a person / accused may be prosecuted for both offence ? 

Whether both case tried by same court or  different court. ( U/s 272/273 triable by Sessions Court & u/s 7/16 PFA Act is triable as complaint case by Judicial Magistrate specially empowered by State Government) ?

Rakesh 

Advocate 

9235731844 

District Fatehpur 

Email  - rakeshfatehpur@gmail.com



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