Section 6 in The Prevention Of Adulteration Of Food, Drugs And Cosmetics (West Bengal Amendment) Act, 1973.
6. Amendment of Act 37 of 1954.
- In the Prevention of Food Adulteration Act, 1954, -(i)to sub-section (1) of section 4, the following proviso shall be added, namely :-"Provided that the State Government may, with the prior approval of the Central Government, direct that the functions of the Central Food Laboratory and the Director may be carried out in West Bengal by such Authority and such officer respectively, as may be specified by the State Government by notification in the Official Gazette and any reference in this Act to the Central Food Laboratory or the Director shall then be construed to mean such Authority or officer, as the case may be".;(ii)in section 16, -(a)in sub-section (1), for the words "a term which shall not be less than six months but which may extend to six years and with fine which shall not be less than one thousand rupees", the words "life and shall also be liable to fine" shall be substituted;(b)in the proviso to sub-section (1), for the words "the Court may for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or fine of less than one thousand rupees or of both imprisonment for a term of less than six months and fine of less than one thousand rupees", the following words shall be substituted, namely :-"(ii) if the Court thinks that for any adequate and special reasons to be mentioned in the judgment a lesser sentence would serve the ends of justice,the Court may impose a sentence which is less than a sentence of imprisonment for life.";(iii)in sub-section (1B), for the words "a term of six years and with fine which shall not be less than one thousand rupees", the words "life and shall also be liable to fine" shall be substituted;(iv)after section 19, the following section shall be inserted, namely :-"19A. Burden of proof. - When any article intended for food is seized from any person in the reasonable belief that the same is adulterated or misbranded the burden of proving that such article intended for food is not adulterated or misbranded shall be on the person from whose possession such article intended for food was seized.";(v)for section 20, the following section shall be substituted, namely :-"20. Cognizance of offences and arrest without warrant. - (1) All offences punishable under this Act shall be cognizable and non-bailable.(2)Any Police officer not below the rank of a Sub-Inspector of Police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences punishable under this Act.".
