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
