23. (1) Whoever contravenes any of the provisions of section 3, 4, 5, 6, 7, 8, 9, 10, 11 or 13 shall be punished- (a) for a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which shall not be less than one hundred Taka or more than two thousand Taka and also with whipping; (b) for a second offence, with rigorous imprisonment for a term not less than three months and not more than two years and with fine which shall not be less than five hundred Taka or more than ten thousand Taka and also with whipping; and (c) for repeated offences or for offences of large scale adulteration or adulteration with injurious substances even in the first instance, with rigorous imprisonment for a term which shall not be less than three years or more than five years and with fine which shall not be less than five thousand Taka or more than one lakh Taka and also with whipping. (2) Whoever contravenes any of the provisions of section 12, 18, 21 or 28 or of any rules shall be punished with imprisonment for a term which may extend to one year and with fine. (3) Any person who attempts to contravene, or abets the contravention of any of the provisions mentioned in sub-section (1) or sub-section (2) shall be punishable with the same punishment as is provided for such contravention. (4) All fines recovered under this Act shall be credited to the fund of the local authority within the limits of whose jurisdiction the offence for which the fine was imposed was committed. (5) Where in the course of any business a person commits an offence under this Act and is convicted therefore under clause (b) or clause (c) of sub-section (1) and such business is carried on by him or by any other person on his behalf he or such other person shall, for a period of one year from the date of such conviction, prominently display on the premises in which such business is carried on a notice of the fact of such conviction, and, on his failing to so display such notice, shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.

24. Any Magistrate for the time being empowered to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898, may try summarily any offence made punishable under sub-section (1) and sub-section (2) of section 23 of this Act in accordance with the provisions of Chapter XXII of that Code.

25. In every prosecution under this Act, the Court shall presume-(a) that any food found in the possession of any person who is or has been habitually found preparing, manufacturing, keeping, storing, selling or offering or exposing for sale or hawking about such food was being prepared, manufactured, kept, stored, sold, offered or exposed for sale or hawked about by such person;(b) that any food commonly used for human consumption, kept, stored, sold or offered for sale, was kept, stored, sold or offered for sale for human consumption;(c) that any food commonly used for human consumption which is found on any premises used for the preparation or manufacture of such food was prepared or manufactured for human consumption;(d) that any substance capable of being used in the preparation or manufacture of any food commonly used for human consumption which is found on any premises in which such food is prepared or manufactured was intended to be used in the preparation or manufacture of such food; and(e) that any food is not of the nature, substance or quality it purports to be if it is deficient in any of its normal constituents to the extent specified in the rules or if any extraneous matter has been added to it in contravention of the rules.

26. A declaration signed or marked under sub-section (4) of section 18 may be produced as evidence of the facts contained therein in any inquiry, trial or other proceedings under this Act.

27. (1) The production in any inquiry, trial or other proceedings under this Act of a certificate under the hand of a Public Analyst in the form prescribed shall, until the contrary is proved, be sufficient to prove the facts therein stated. (2) When any person is accused of an offence under this Act, he may request the Court to summon as a witness the Public Analyst who analysed the sample in respect of which he is accused of having committed an offence and the Court may, and, in every case in which the accused deposits in the Court a sum of money in accordance with the scale prescribed, shall, summon the Public Analyst, and if such person is acquitted, any sum of money so deposited shall be refunded to him.

28. (1) The Court may of its own accord or on the request of the accused cause any food or sample of food to be sent for analysis to the Chemical Examiner who shall thereupon analyse the same and report the results of the analysis to the Court in the form prescribed and the cost of such analysis shall be paid by the accused if the Court so directs. (2) The certificate of the Chemical Examiner shall, until the contrary is proved, be sufficient to prove the facts therein stated. (3) No person shall display or otherwise use the report of the Chemical Examiner for purposes of advertisement.

29. (1) In any prosecution under this Act, it shall be no defence to allege-(a) that the accused was ignorant of the nature, substance or quality of the food; or(b) that the purchaser having purchased only for purposes of analysis was not prejudiced. (2) The seller shall not be deemed to have committed an offence under this Act if he proves-(a) that the food sold was purchased or obtained as agent by him with written warranty to the effect that it was of the same nature, substance or quality as that demanded by the purchaser;(b) that at the time he sold it he had no reason to believe that the food was not of such nature, substance or quality as that demanded by the purchaser; and(c) that he sold it in the same state in which he had purchased it. (3) No evidence of a warranty under clause (a) of sub-section (2) shall be admissible on behalf of the seller unless-(a) the seller has, within seven days of the service of the summons upon him, sent to the Inspector a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it and has also sent a like notice of his intention to that person; and(b) such warranty is given by person permanently residing or carrying on business in ¹[Bangladesh]. (4) The Court shall summon the warrantor as a co-accused if it admits the warranty on behalf of the seller.

30. In the case of any conviction under this Act, the Court may order that any food to which the conviction relates, together with all packages or utensils containing the same, shall be forfeited to the Government or shall be disposed of in such manner as may be specified in the order.

31. When any person is convicted of an offence under this Act, the Court shall order that all fees and other expenses incidental to the analysis of any food in respect of which the conviction is made, which shall, in no case be less than thirty Taka, be paid by the person convicted, in addition to the fine which he may be sentenced to pay, and the amount of such fees and expenses shall be recovered as if it were a fine.

32. (1) No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by an Inspector authorised in this behalf by the Director or the Government.(2) No Court inferior to that of a Magistrate of the first class shall try an offence under this Act.