law: Prevention of Food Adulteration Act, 1954
  16. Penalties. -
  1[(l) Subject to the
  
  provisions of subsection (I -A) it any person, -
  (a)
  
  Whether by himself or by any other person on his behalf, imports into India or
  
  manufactures for sale, or stores, sells or distributes any article of food-
  (i)
  
  Which is adulterated within the meaning of sub-clause (m) Of Cl. (i-a) of Sec.
  
  2 or misbranded within the meaning of Cl. (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 sale, or stores, sells or distributes any adulterant which is
  
  not injurious to health; or
  (c)
  
  Prevents a Food Inspector from taking a sample as authorized 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 extent 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 Sec.
  
  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 Cl. (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 Cl. (ix) of Sec. 2or
  (ii) If the offence is
  
  under sub-section (ii) of Cl. (a), but not being an offence with respect to the
  
  contravention of any rule made under Cl. (a) or Cl. (g) of sub-section (I-A) of
  
  See. 23 or under Cl. (b) of sub-section (2) of See 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
  
  offence is under sub-clause (ii) of Cl. (a) and is with respect to the
  
  contravention of any rule made under Cl. (a) or Cl. (g) of sub-section (I -A)
  
  of Sec. 23 or under Cl. (b) of sub-section (2) of Sec. 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.]
  2[(I-A) If 'any person
  
  whether by himself or by any other person on his behalf, imports into India or
  
  manufactures for sale, or stores, sells or distributes, -
  (i) Any article of
  
  food which is adulterated within the meaning of any of sub- clauses (e) to (1)
  
  (I-) both inclusive) of Cl. (i-a) of Sec. 2, or
  (ii) Any adulterant
  
  which is  injurious  in addition to the penalty to which he may be
  
  liable under the provisions of' Sec.6, be punishable with imprisonment for a
  
  term which shall not be less than one year  but which may extend to
  
  six years and with fine which shall  not be less than two thousand rupees
  
  :
  Provided that if such article
  
  of food or adulterant when consumed by any person is likely to cause his death
  
  or is likely to cause such harm on his body as would amount to grievous hurt
  
  within the meaning of Sec. 320 of the Indian Penal Code (45 of 1860), he shall
  
  be punishable with imprisonment for a term which shall not be less than three
  
  years but which may extend to term of life and with line which shall not be
  
  less than five thousand rupees.]
  3[(i-AA) If any person
  
  in whose safe, custody any article of food has been kept under sub-section (4)
  
  of Sec. 10, tampers or in any manner interferes with such article, he shall be
  
  punishable with imprisonment for a term which shall not be less than six months
  
  but which may extend to two years and with fine which shall not less than one
  
  thousand rupees.]
  4[(l -B) If any Person
  
  in whose safe, custody any article of food has been kept under sub- section (4)
  
  of 'Sec.  IO sells or distributes such article, which is found by the
  
  Magistrate before whom it is produced to be adulterated within the meaning of
  
  sub-clause (h) of Cl. (i-a) of Sec. 2 and which, when consumed by any person,
  
  is likely to cause his death or is likely to cause such harm on his body as
  
  would amount to grievous hurt within the meaning of Sec. 320 of the Indian
  
  Penal Code (45 of 1860), then, notwithstanding anything contained in
  
  sub-section (I -AA), he shall be punishable with imprisonment for a term which
  
  shall not be less than three years but which may extend to term of life and with
  
  fine which shall not be less than five thousand rupees.]
  (I-C)   If any
  
  person contravenes the provisions of Sec. 14 or Sec. 14-A, he shall be
  
  punishable with imprisonment for a term, which may extend to six months and
  
  with fine, which shall not be less than five hundred rupees.
  (I -D) If any person
  
  convicted of an offence under this Act commits a like offence afterwards, then,
  
  without prejudice to the provisions of' sub-section (2), the Court, before
  
  which the second or subsequent conviction takes place, may order the
  
  cancellation of the license, if any, granted to him under this Act and
  
  thereupon such license shall, notwithstanding anything contained in this Act or
  
  in the rules made thereunder, stand cancelled.
  (2) If any person
  
  convicted of an offence under this Act commits a like offence afterwards it
  
  shall be lawful for the Court before which the second or subsequent conviction
  
  takes place to cause the offender's name and place of residence, the offence
  
  and the penalty imposed to be published at the offender's expense in such
  
  newspapers or in such other manner as the Court may direct.  The expenses
  
  of such publication shall be deemed to be part of the cost attending the
  
  conviction and shall be recoverable in the same manner- as a fine.
  STATE AMENDMENT
  West
  
  Bengal. -In Se. 16.-
   (a) In
  
  sub-section (1),,for the words "a  term which shall riot be less their?
  
  Six months but which may extend to six year. And with fine which shall not be
  
  less than one thousand rupees." The world " life and shall also be liable to
  
  fine" shall be substituted:
  (b) In
  
  the proviso to sub-section (1) for the worlds " 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 
  
  and fine of less than one thousand rupees".  The following words shall be
  
  substituted. namely:
  "If the
  
  Court thinks that for any adequate and special reasons to be mentioned in the
  
  judgment a lesser sentence would serve the end of justice. The judgment the
  
  Court may impose a sentence which is less than a sentence of imprisonment for
  
  life."
  In
  
  subsection (I -B), _for the words "a term of six year and with fine which shall
  
  not be less than one thousand rupee." the words "life and shall also be liable
  
  to fine" shall be substituted. 5
  1. Subs. Act 34 of
  
  1976, Sec. 12 (w.e.f. Ist April 1976),
  2. Ins. by Act 34 of
  
  1976. Sec. 12 (w.e.f.Ist April 1976).
  3. Sub-section (1-A)
  
  renumbered  (as sub- section I-AA) by Sec. 12 of the Act 34 of 1976
  
  (w.e.f.1st April. 1976).
  4. Subs. by ibid. For
  
  sub-section (1-B) (w.e.f.1st  April. 1976).
  5. Vide
  
  the West Bengal Act (XLIIof-1973) published in the Calcutta Gazette. Pt.11I No.
  
  267. dated 29th April 1974.