6.         Prohibition of adulteration  : —  whoever shall, directly or indirectly, himself or by any other person;

        (a)        Adulterate any food or drink intended for sale which renders it noxious, injurious to health or unfit human or animal consumption;

(b)        Adulterate any drug or medical preparation intended for sale for human or animal consumption which renders it sub-standard, noxious or injurious to health;

(c)        adulterate any pesticide intended for sale which wholly or mainly become sub-standard or ineffective for the purpose for which it is intended; or

(d)        import, export, manufacture, formulate, sell, offer for sale, hold in stock for sale or advertise for sale an adulterated or sub-standard food, drug or pesticide.

Be guilty of offence and punishable as hereinafter provided.

 

            7.         Penalty for adulteration of food or drink intended for sale  : —           Whoever adulterates any article of food or drink, so as to make such article injurious to health or noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, or imports, exports, manufactures, formulates, sells, or offers or exposes for sale, holds in stock for sale, or advertises for sale, as food or drink, any adulterated article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that he same is noxious as food or drink, shall be punished with imprisonment of either description fro a term which may extend to twenty-five years and with fine which may extend to ten hundred thousand rupees;

            Provided that fine shall not be less than—

           (i)         three hundred thousand rupees where the convict is a manufacturer;

           (ii)        one hundred thousand rupees where the convict is wholesaler; distributor or dealer;

           (iii)       ten thousand rupees where the convict is a retailer.

 

            8.         Penalty for adulteration of drugs  : —  Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious or injurious to health intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, or knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious or injurious to health, imports, exports, manufactures, formulates, sells, or offers or exposes it for sale, holds it in stock for sale, advertises it for sale, or issues it form any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes, shall be punished with imprisonment of either description for a term which may extend to twenty-five years and with fine which may extend to ten hundred thousand rupees:

            Provided that fine shall not be less than—

            (i)         three hundred thousand rupees where the convict is a manufacturer;

            (ii)        one hundred thousand rupees where the convict is wholesaler;

            (iii)       ten thousand rupees where the convict is a retailer.

 

            9.         Penalty for adulteration of pesticide  : —  Whoever adulterates any pesticide intended for sale which makes it wholly or mainly ineffective for the purpose for which it is intended, or imports, exports, manufactures, formulates, sells, offers or exposes for sale, holds in stock for sale or advertises for sale any adulterated or sub-standard pesticide, shall be punished with the imprisonment of either description for a term which may extend to ten years and with fine which may extend to ten hundred thousand rupees:

            Provided that fine shall not be less than—

            (i)         two hundred thousand rupees where the convict is a manufacturer;

            (ii)        fifty thousand rupees where the convict is wholesaler, distributor or dealer;

            (iii)       five thousand rupees where the convict is a retailer.

 

            10.       Forfeiture of property and cancellation of license  : —  Where a person has been convicted under any provision of this Act, the food, drug or pesticide in respect of which the offence has been committed may be forfeited including stock and the processing equipment or machinery to the Federal Government and if the accused possesses any licence for import, export, sale, manufacture or formulation of such food, drink, drug or pesticide shall stand cancelled and he shall also be debarred from holding any public office.

 

            11.       Offences by companies, etc  : —  Where the person guilty of an offence under this act, is a company, corporation, firm, agency or institution, every director, partner and officer in the management of the company, corporation, firm, agency or institution shall be guilty of the offence and the company, firm, agency or institution shall be liable to such further action including action or closure of its business connected with the offence, as has been provided under the companies ordinance, 1984 (XLVII of 1984) or any other law for the time begin in force or as may be prescribed by the Federal Government under the rules in consultation with the securities and Exchange Commission of Pakistan constituted under the securities and Exchange commission of Pakistan Act, (XLVII of 1997).

 

            12.       Publication of offender’s name  : — 

    (1) If any person is convicted of an offence under this act, it shall be lawful for the Special Court and the Federal Government to cause the offender’s name, place of residence, the offence of which he has been convicted and the penalty which has been inflicted upon him, to be published at eh expense of such person in such newspapers or in such other manner as the court may direct.

            (2)        Where the publication under sub-section (1) is made under direction of the court, the expenses of such publication, if not paid by the offender, shall be recoverable in the same manner as a fine and if the publication is made by the Federal government, the expenses shall be borne by the Federal Government.

 

            13.       Provisions of the Code to apply  : —  Unless there is anything inconsistent with the provisions of this act, the provisions of the code of criminal procedure, 1898 (Act V of 1898), shall mutatis mutandis apply to the proceedings under this act.

 

            14.       Cognizance of offence  : —  The Special court may take cognizance of an offence under this Act:

(i)         upon a complaint made by an officer of the Federal or a provincial Government, other than a police officer, duly authorised by the federal Government in this behalf; or

(ii)        upon receiving a complaint supported by relevant material from an individual consumer or a consumer’s association or organization.

 

            15.       Transfer of cases  : —  The Federal Government may, if it considers it expedient to do so in the interest of justice or where the convenience of the parties or the safety of the witnesses so requires, transfer any case from one special court to another.

 

            16.       Procedure of special Court  : —  (1) On taking cognizance of a case, the special court shall proceed speedily with the trail from day to day and shall decide the case within ninety days and for any delay, reasons shall be recorded.

            (2)         A Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice and no adjournment shall, in any case, by granted for ore than three working days.

           (3)        A Special court shall not, merely by reason of change of its composition or transfer of a case under any provision of this act be bound to recall and rehear and witness who has given evidence, and it may act on the evidence already recorded.

            (4)        Any default on the part of an investigating officer, prosecutor or any other person required by law to perform any functions in connection with the inquiry or investigation, which results in, or has the effect of delaying the inquiry or investigation or trial of the case shall be willful disobedience of the order of the special court and dealt with under the law accordingly and in case of Government official he shall also be liable to disciplinary action by the department to which he belongs.

 

            17.       Power of court to implead manufacturers, 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, wholesaler, distributor or dealer, of any article of food or drink, the Special court is satisfied, on the evidence adduced before it, that such manufacturer, wholesaler, distributor or dealer is also concerned with that offence, then the court may, notwithstanding anything contained in the code, or in section 14, proceed against him as though complain has been instituted against him under section 14.

 

            18.       Bail  : —  notwithstanding anything contained in the Code, no court other than special court shall have the power or jurisdiction to grant bail to any accused person in a case triable by a special Court:

            Provided that the Special court shall not release the accused on bail, if there appear reasonable grounds for believing that he has been guilty of the offence for which he has been charged; nor shall an accused person be so released unless the prosecution has been given notice to show cause why he should not be so released.

 

            19.       Appeal  : — 

    (1)        Any person aggrieved by a final judgment of the special court may, within thirty days of the judgment, prefer an appeal to the High court.

            (2)        Where a Special court has passed an order of acquittal, the Federal Government may prefer an appeal to the High court within sixty days of the order of acquittal.

            (3)        Appeal preferred under sub-section (1) in case sentence is amore than seven years or an appeal under sub-section (2) shall be heard by a bench of two judges.

 

            20.       Vigilance cell  : — 

    (1)         There shall be established a Vigilance cell in the ministry of Interior to ammonite or the investigation of offences under this act.

            (2)        A Vigilance cell shall also be set up in the Ministry of law, justice and human Rights to monitor work of the public prosecutors and progress of the cases in the Special courts.

            (3)        The cell in the Ministry of interior shall coordinate with a cell in the ministry of law, justice and human rights in the matters relating to monitoring the investigation and prosecution.

 

            21.       Notifying of laboratories  : —  The Federal Government may, in the official gazette, notify the laboratories for testing of samples of foods, drug and pesticide for the purposes of this act.

 

            22.       Act to override other laws  : —  Without prejudice to the provisions of section 3, the provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.

 

            23.       Transfer of pending cases  : — 

    (1)         All cases triable by a Special Court under Section 4, which immediately before the commencement of this Act, were pending before any court shall, on such commencement, be forwarded fro trail to the Special Court having jurisdiction over such cases, provided that nothing contained herein shall affect any proceedings pending before an appellate court including the supreme court.

            (2)        In respect of cases transferred to a special Court under sub-section (1), the Special court may proceed from the stage at which the proceedings had reached immediately prior to the transfer and decide the case according to law.

           

            24.       Power to make rules  : —  The Federal Government, may, by notification in the official gazette, make rules to carry out the purposes of this act.    

 

Print Friendly, PDF & Email

Related Case Law