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 ?