Part 6-Offences and their trial
- Document type
- Other
- Dated
- Category
- Central Excise Acts
Cognizance of offences, etc.,
72. Cognizance of offences, etc.-
Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974),-
(a) no court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by-
(i) the Director;
(ii) any other authorised officer;
(iii) any person aggrieved; or
(iv) a recognised consumer association whether the person aggrieved is a member of such association or not.
Explanaiton.- For the purposes of this clause "recognised consumer association" means a voluntary consumer association registered under the Companies Act, 1956(1 of 1956) or any other law for the time being in force;
(b) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.
(c) an offence punishable under section 50, section 52, section 53, section 56, section 58, section 60, section 61, section 63, section 64, section 65 or section 66, may be tries summarily by a Magistrate and no sentence of imprisonment for term exceeding one year shall be passed in the case of anyconviction for an offence which is summarily tried under this section.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974),-
(a) no court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by-
(i) the Director;
(ii) any other authorised officer;
(iii) any person aggrieved; or
(iv) a recognised consumer association whether the person aggrieved is a member of such association or not.
Explanaiton.- For the purposes of this clause "recognised consumer association" means a voluntary consumer association registered under the Companies Act, 1956(1 of 1956) or any other law for the time being in force;
(b) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.
(c) an offence punishable under section 50, section 52, section 53, section 56, section 58, section 60, section 61, section 63, section 64, section 65 or section 66, may be tries summarily by a Magistrate and no sentence of imprisonment for term exceeding one year shall be passed in the case of anyconviction for an offence which is summarily tried under this section.