ADULTERATION OFFENCES (SPECIAL COURTS) ACT, 2003
A Bill to control, curb and eradicate the menace of adulteration
Gazette of Pakistan, Extraordinary, Part III, 12th November, 2003
Whereas it is expedient to control, curb and eradicate the menace of adulteration;
And whereas it is necessary to enhance the punishment of offences relating to adulteration and to provide for Special Courts for trail of such offences and for matters connected therewith or ancillary thereto;
It is hereby enacted as follows:—
1. Short title, extent and commencement : —
(1) This Act may be called the Adulteration offences (Special Courts) Act, 2003.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on such date as the Federal Government may, by notification in the official gazette, appoint which shall not be later than ninety days from the date this Act is published in the official Gazette as an act of the Majlis-e-Shoora (Parliament).
(1) In this Act, unless there is anything repugnant in the subject or context,—
(a) “adulterated drug” means a drug—
(i) which consists in whole or in part of any filthy, putrid or decomposed substance or which contains any foreign matter, vermin, worm, rodent or insect; or
(ii) which has been manufactured, packed, or held under unsanitary conditions whereby it has been contaminated with dirt, filth or any other foreign matter or whereby it may have been rendered injurious to health; or
(iii) the container of which releases any poisonous or deleterious substance which may render the injurious to health; or
(iv) which bears or contains as an ingredient a substance other than the prescribed substance; or
(v) with which any substance has been mixed or packed so as to reduce its quality or strength or for which any substance has been substituted wholly or in part or which is fake or spurious or has been imitated or misbranded; or
(vi) which has expired; or
(vii) which has been declared by the Federal Government, by notification in the official gazette, to be adulterated drug for the purposes of this Act;
Provided that for the purposes of this clause a drug may not be treated as fake or spurious if the quantity of adulteration in such drug is of such a nature and substance which is not ordinarily considered as fake or spurious and does not render it injurious to health;
(b) “adulterated food” means an article of food—
(i) which is not of the nature, substance or quality which it purports or is represented to be; or
(ii) which contains any such extraneous substance as may affect adversely the nature, substance or quality thereof, or
(iii) which is processed, mixed, colored, powdered or coated with any other substance which adversely affects its nature or quality; or
(iv) Any constituent of which has been wholly or in part abstracted so as to affect injuriously its nature, substance or quality; or
(v) Which contains any poisonous or other ingredient which may render it injurious to health; or
(vi) The quality or purity of which does not conform to the prescribed standards or is fake, spurious or misbranded; or
(vii) Which having been prepared, packed or kept under unsanitary conditions, has been contaminated or becomes injurious to health; or
(viii) Which has become stale or rotten and injurious to health;
(ix) Is insect-infested or is otherwise unfit for human or animal consumption; or
(x) Which has been declared by the Federal Government, by notification in the official Gazette, to be adulterated food for the purposes of this Act:
Provided that for the purposes of this clause an article of food may not be treated as fake or spurious if the quantity of adulteration in such article is of such a nature and substance which is not ordinarily considered as fake or spurious and does not render it injurious to health;
(c) “adultered pesticide” means a pesticide with which spurious, deleterious or harmful substance has been mixed or is fake or misbranded or which is wholly or mainly ineffective for the purpose for which it is intended; or which has been declared by the Federal Government, by notification in the official Gazette, to be adulterated pesticide for the purposes of this Act.
(d) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);
(e) “drug” means the drug as defined in the Drugs Act, 1976 (XXXI of 1976):
Provided that it shall include a drug used or prepared for use in accordance with the unani, homoeopathic, ayurvedic or biochemic system or treatment;
(f) “Federal Government” for the purpose of investigation and filing of complaint means the Ministry of Interior and for all other purposes the Ministry of Law, Justice and Human Rights;
(g) “food” means any article used as food or drink for human or animal consumption and includes—
(i) any substance which is intended for use in the composition or preparation of food;
(ii) any favoring matter or condiment;
(iii) any colouring matter intended for use in food;
(iv) chewing gum and other products of the like nature;
(v) water in any form, including ice, intended for human consumption or for use in the composition or preparation of food; or
(vi) “drink” which means and includes beverages, mineral and/or bottled water, milk, juice, sweet drink, ice, or drink in any form intended for human or animal consumption or for use in preparation of food; and
(vii) any other article declared by the Federal Government, by notification in the official gazette, as food or drink fro the purposes of this act.
(h) “Pesticide” means the pesticide as defined in the Agricultural Pesticide Ordinance, 1971 (II of 1971);
(i) “Special Court” means a special Court constituted under section 4;
(j) “Sub-standard drug” means a drug which is not according to specifications; and
(k) “sub-standard pesticide” means the pesticide which is not according to specifications and includes expired pesticide.
(2) All other terms and expressions used but not defined in this Act shall have the meanings as are assigned to them in the Drugs Act, 1976, the Agricultural Pesticide Ordinance, 1971, and any other relevant law.
3. Application of laws not barred : — The provisions of this Act, shall be in addition to, and not in derogation of the Drugs Act, 1976 (XXXI of 1976), the Agricultural Pesticides Ordinance, 1971 (II of 1971) and any other law for the time being in force.
4. Constitution of Special courts : —
(1) The Federal government may, by notification in the official gazette, establish one or more Special courts and may fix their territorial limits for purposes of jurisdiction.
(2) A Special Court shall consist of a person who is serving as District and Session judge, or any other person, who is qualified for appointment as a judge of a High Court or is retired judge of a High court.
(3) A judge of a special court shall be appointed by the Federal government in consultation with the Chief justice of the High Court in case of a serving District and Sessions judge and in other cases in consultation with the Chief justice of Pakistan.
(4) Notwithstanding anything contained in the code or any other law for the time being in force a Special court shall have exclusive jurisdiction to try offences under this act, including the offences as may be specified by the Federal Government by Notification in the official gazette.
(5) The procedure laid down in chapter XXIIA of the code shall mutatis mutandis apply to trial of offences under this act and a person conducting prosecution before a Special Court shall be deemed to be a public prosecutor.
(6) The terms and conditions of service of a judge of a Special Court shall be such as may be determined by the Federal Government.
(7) A Special court shall sit at such place or places as the Federal Government may, by order, specify in that behalf.
(8) Where more than one special Court have been established at a place, the Federal Government shall designate a judge of any such court to be an administrative judge and a case triable under this Act shall be filed before the court of the Administrative judge who may either try the case himself or assign it for trial by any other Special court established at that place, in respect of a case assigned to a court, all orders made or proceedings taken before the assignment shall be deemed to have been made or taken by the court to which the case has been assigned.
5. Investigation : —
(1) Notwithstanding anything contained in the code or any other law for the time being in force the investigation of an offence under this act shall be undertaken by the Federal Investigation Agency constituted under the federal Investigation act, 1974 (VIII of 1974).
(2) Subject to any order which the Federal Government may make in this behalf, the members of the Federal Investigation Agency shall, for the purpose of inquiry or investigation under this act, have throughout Pakistan such powers relating to search, arrest of persons, seizure of property and duties, privileges, liabilities and such other powers as the officers of provincial Police have in relation to inquiry and investigation of offences under the code or under any other law for the time being in force.