Section 16 Prevention of Food Adulteration Act, 1954

 

Section 16 Prevention of Food Adulteration Act, 1954: 


Penalties.— 62 [ 63 [

(1) Subject to the provisions of sub-section (1A) if any person—

(a) whether by himself or by any other person on his behalf, imports into India or manufactures for sales or stores, sells or distributes any article of food—

(i) which is adulterated within the meaning of sub-clause (m) of clause (ia) of section 2 or misbranded within the meaning of clause (ix) of that section or the sale of which is prohibited under any provision of this Act or any rule made thereunder or by an order of the Food (Health) Authority;

(ii) other than an article of food referred to in sub-clause (i), in contravention of any of the provisions of this Act or of any rule made thereunder; or

(b) whether by himself or by any other person on his behalf, imports into India or manufactures for sales or stores, sells or distributes any adulterant which is not injurious to health; or

(c) prevents a food inspector from taking a sample as authorised by this Act; or

(d) prevents a food inspector from exercising any other power conferred on him by or under this Act; or

(e) being a manufacturer of an article of food, has in his possession, or in any of the premises occupied by him, any adulterant which is not injurious to health; or

(f) uses any report or certificate of a test or analysis made by the Director of the Central Food Laboratory or by a public analyst or any extract thereof for the purpose of advertising any article of food; or

(g) whether by himself or by any other person on his behalf, gives to the vendor a false warranty in writing in respect of any article of food sold by him, he shall, in addition to the penalty to which he may be liable under the provisions of section 6, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and with fine which shall not be less than one thousand rupees: Provided that—

(i) if the offence is under sub-clause (i) of clause (a) and is with respect to an article of food, being primary food, which is adulterated due to human agency or is with respect to an article of food which is misbranded within the meaning of sub-clause (k) of clause (ix) of section 2; or

(ii) if the offence is under sub-clause (ii) of clause (a), but not being an offence with respect to the contravention of any rule made under clause (a) or clause (g) of sub-section (1A) of section 23 or under clause (b) of sub-section (2) of section 24, the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which shall not be less than three months but which may extend to two years, and with fine which shall not be less than five hundred rupees: Provided further that if the offence is under sub-clause (ii) of clause (a) and is with respect to the contravention of any rule made under clause (a) or clause (g) of sub-section (1A) of section 23 or under clause (b) of sub-section (2) of section 24, the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees.


Supreme Court of India Important Judgments And Leading Case Law Related to Section 16 Prevention of Food Adulteration Act, 1954:  

Mohammed Yamin vs State Of Uttar Prade5H & Another on 26 April, 1972

Rupak Kumar vs State Of Bihar & Anr on 4 March, 1947

Rupak Kumar vs State Of Bihar & Anr on 4 March, 2014

Rajinder Pershad vs State Of Haryana on 11 July, 1983

K. Krishna Iyer vs State Of Kerala And Anr on 30 March, 1993

Municipal Corporation Of Delhi vs Laxmi Narain Tandon Etc. Etc on 17 December, 1975

Murlidhar Meghraj Loya Etc vs State Of Maharashtra Etc on 19 July, 1976

Sarjoo Prasad vs The State Of Uttar Pradesh on 16 December, 1960

Pyarali K. Tejani vs Mahadeo Ramchandra Dange And on 31 October, 1973

Om Prakash vs Delhi Administration & Anr on 10 December, 1975



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