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Orissa act 006 of 2004 : Code of Criminal Procedure (Orissa Amendment) Act, 2001

Preamble

*Code of Criminal Procedure (Orissa Amendment) Act, 2001**

[Orissa Act No. 6 of 2004][11th May, 2004]

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:-

* For the Bill, See Orissa Gazette, Extraordinary, dated the 11th June, 2004 (No. 807).

** [Received the assent of the Governor on the 11th May, 2004, first published in an Extraordinary issue of the Orissa Gazette dated the 11th June, 2004 (No. 807)]

Section 1. Short title

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

Section 2. Amendment of Section 9

2. Amendment of Section 9.- In Section 9 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as (he principal Act), to sub-section (3), the following provisions shall be added, namely:-

"Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a district or sub-division, other than the district or sub-division, by whatever name called, wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Sessions 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 sub-division 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

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. Imprisonment for life and fine. Cognizable Non-bailable Court of Session.
276. Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical preparation. Ditto Ditto Ditto Ditto."