(1) 4 [No prosecution for an offence under this Act not being an offence under section 14 or section 14A] shall be instituted except by, or with the written consent of, 5 [the Central Government or the State Government 6 *** or a person authorised in this behalf, by general or special order, by the Central Government or the State Government 6 ***]:
Provided that a prosecution for an offence under this Act may be instituted by a purchaser 7 [or recognised consumer association] referred to in section 12, 8 [if he or it produces] in court a copy of the report of the public analyst along with the complaint.
9 [(2) No court inferior to that of a 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 (1AA) of section 16 shall be cognizable and non-bailable).]
10 [20A. Power of court to implead manufacturer, etc.—Where at any time during the trial of any offence under this Act alleged to have been committed by any person, not being the manufacturer, distributor or dealer of any article of food, the court is satisfied, on the evidence adduced before it, that such manufacturer, distributor or dealer is also concerned with that offence, then, the court may, notwithstanding anything contained in 11 [sub-section (3) of section 319 of the Code of Criminal Procedure, 1973 (2 of 1974)] or in section 20 proceed against him as though a prosecution had been instituted against him under section 20.]
1. Ins. by Act 34 of 1976, s. 15 (w.e.f. 1-4-1976).
2. Subs. by Act 49 of 1964, s. 10, for sub-section (2) (w.e.f. 1-3-1965).
3. Subs. by s. 10, ibid., for “in sub-section (2)” (w.e.f. 1-3-1965).
4. Subs. by Act 34 of 1976, s. 16, for “No prosecution for an offence under this Act” (w.e.f. 1-4-1976).
5. Subs. by Act 49 of 1964, s. 11, for certain words (w.e.f. 1-3-1965).
6. The words “or a local authority” omitted by Act 34 of 1976, s. 16 (w.e.f. 1-4-1976).
7. Ins. by Act 70 of 1986, s. 3 (w.e.f. 1-5-1987).
8. Subs. by s. 3, ibid., for “if he produces” (w.e.f. 1-5-1987).
9. Subs. by Act 34 of 1976, s. 16, for sub-section (2) (w.e.f. 1-4-1976).
10. Ins. by Act 49 of 1964, s. 12 (w.e.f. 1-3-1965).
11. Subs. by Act 34 of 1976, s. 17, for “sub-section (1) of section 351 of the Code of Criminal Procedure, 1898, (5 of 1898)” (w.e.f. 1-4-1976).
19 1 [20AA. Application of the Probation of Offenders Act, 1958 and section 360 of the Code of Criminal Procedure, 1973.—Nothing contained in the Probation of offenders Act, 1958 (20 of 1958) or section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to a person convicted of an offence under this Act unless that person is under eighteen years of age.]
2 [21. Magistrate’s power to impose enhanced penalties.—Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or any Judicial Magistrate of the first class to pass any sentence authorised by this Act, except a sentence of imprisonment for life or for term exceeding six years in excess of his powers under the said section.]