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THE CODE OF CRIMINAL PROCEDURE (ORISSA AMENDMENT) ACT, 2001

THE CODE OF CRIMINAL PROCEDURE (ORISSA AMENDMENT) ACT, 2001

[Published vide Orissa Gazette Ext No 807 dated 11 6 2004]

PREAMBLE

An Act to amend the Code of' Criminal Procedure, 1973 in its application to the State of Orissa

Be it enacted by the Legislature of the State of Orissa in the Fifty-third Year of the Republic of India as follows:

Section 1 - Short title

This Act may be called the Code of Criminal Procedure (Orissa Amendment) Act, 2002.

Section 2 - Amendment of Section 9

In Section 9 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act), to Sub-section (3), the following provisos shall be added, namely

"Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a district or subdivision, other than the district or subdivision, by whatever name called, wherein the headquarters of the Session Judge are situated, exercising jurisdiction in a Court of Session shall have all the powers of the Sessions Judge under this Code, in respect of the cases and the proceedings in the Criminal Courts in that district or subdivision for the purposes of Sub-section (7) of Section 116, Sections 193 and 194, Clause (a) of Section 209 and Sections 409 and 449

Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code "

Section 3 - Amendment of First Schedule

In the First Schedule to the Principal Act, for the existing entries relating to Sections 272, 273, 274, 275 and 276 the following entries shall respectively be substituted, namely :

 

Section

Offence

Punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what Court triable

1

2

3

4

5

6

272.

Adulterating food or drink intended for sale, so as to make the same noxious.

Imprisonment for life, and fine.

Cognizable

Non-bailable

Court of Session.

273.

Selling any food or drink as food and drink, knowing the same to be noxious.

Ditto

Ditto

Ditto

Ditto

274.

Adulterating any drug or medical preparation intended for sale so as to lessen its efficacy, or to change its operation, or to make it noxious.

Ditto

Ditto

Ditto

Ditto

275.

Offering for sale or issuing from a dispensary any drug or medical preparation known to have been adulterated.

Ditto

Ditto

Ditto

Ditto

276.

Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical preparation.

Ditto

Ditto

Ditto

Ditto".



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