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(SHORT NOTE)
SUPREME COURT OF INDIA
A. P. Sen, E. S. Venkatardmiah and R. B. Misra, JJ.
T. Barai - Appellant
versus
Henry Ah Hoe and another - Respondent
Criminal Appeal No. 40 of 1979
Decided on 7-12-1982
For the Appellant: Mr. D. Mukherjee, Senior Advocate, M/s. Pradeep Ghosh and P.K. Banerjee, Advocates with him.
For the Respondents No. 1 & 2: Mr. N. C. Talukdar, Senior Advocate, Mr. Amian Ghosh Advocate with him.
For the State of West Bengal Respondent No. 3: Mr. G. S. Chatterjee, Advocate.

IMPORTANT POINT
Prevention of Food Adulteration Act, 1954 as amended in West Bengal by the Administration of Food, Drugs and Cosmetics (West Bengal Amendment) Act, 1973 imposing life sentence for certain offences stood impliedly repealed after Central Prevention of Food Adulteration (Amendment) Act, 1976.
Appeal dismissed.

Headnote:Prevention of Food Adulteration Act, 1954-Sections 16(1)(a) and 16A (as amended in 1976)-Constitution of India, 1950-Article 254(1) and (2)-Bengal General Classes Act, 1899-Section 8 - Prosecution for offence committed under Section 16(1)(a) by the accused persons on 16-8-75 in West Bengal-Effect of West Bengal State Amendment Act on offence-Punishable with imprisonment for life and thus triable by Court of Sessions-Central Amendment Act, 1976 inserting Section 16A providing for reduced punishment and altered procedure for trial Effect-Earlier State Act impliedly repealed by latter Central Act-Change or procedure in Section 16A would he applicable to pending trial of offence under Section 16(1)(a)-Previous operation of repealed West Bengal Amendment Act was not preserved by Section 8 of West Bengal General Clauses Act.

       

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