Penal Code, 1860–Secs. 273 & 420 [Corresponding Secs. 275 & 318(4) of BNS, 2023]–Prevention of Food Adulteration Act, 1954–Sec. 7/16–Revisional Court quashed the charge u/s. 7/16 but maintained it up to the extent of Secs. 273 & 420–Justification–The term ‘nexious’ used in Sec. 273, IPC also means the poisonous product which is covered under the definition of the term ‘adulterated’ as prescribed in Sec. 2(ia) of the Act–Under these circumstances, where the petitioners have been granted the benefit of quashing charge u/s. 7/16, there was no reason to maintain the charge u/s. 273–Further, nothing has been mentioned in the FIR so as to make out the case of cheating as defined in Sec. 415–Impugned orders are liable to be quashed and set aside.
