Question 1? What is the scope of prosecuting offences under IPC when there is a non-compliance with the Food Safety Standards Act, 2006 (FSS Act) and its Rules or Orders? Question 2? What is the applicability of Section 188 IPC in cases involving prohibitory orders issued by the Commissioner, Food Safety, and whether offences under IPC can be invoked alongside Section 55 of the FSS Act? Question 3? Is there a bar on punishing under two different enactments for the same act, and how does General Clauses Act Section 26 apply to concurrent prosecutions under the FSS Act and IPC?

Key Points: - Prosecution can be launched for non-compliance of the FSS Act, Rules, or Regulations or orders thereunder (Para 6) (!) - Section 188 IPC applies to acts causing or tending to cause danger to life, health or safety, and can be invoked in addition to or alongside FSS Act provisions, including prohibitory orders by the Commissioner (!) - There is no bar to trial or conviction under two different enactments; a person may be punished under either or both, but not twice for the same offence; General Clauses Act Section 26 governs this principle (!) - The High Court’s view that only Section 55 of the FSS Act could apply was incorrect; IPC can be used when ingredients of IPC offences are satisfied (!) - Prohibitory orders issued under FSS Act can be considered as orders contemplated under Chapter X of IPC (!) - Remand to High Court for fresh consideration on whether IPC Sections 188, 272, 273, 328 are made out; no coercive action pending disposal (!) (!) - Appeals disposed of with remand to High Court for afresh consideration on IPC offences; no coercive action during pendency (!) (!) - Facts involve FIRs for transport/sale of gutka/pan masala under both FSS Act sections and IPC sections; analysis centers on prosecutorial scope under dual enforcements (!) (!) - Notifications prohibiting sale of certain tobacco products can be acted upon under IPC Chapter X as a prohibitory order (!) (!)

Question 1?

What is the scope of prosecuting offences under IPC when there is a non-compliance with the Food Safety Standards Act, 2006 (FSS Act) and its Rules or Orders?

Question 2?

What is the applicability of Section 188 IPC in cases involving prohibitory orders issued by the Commissioner, Food Safety, and whether offences under IPC can be invoked alongside Section 55 of the FSS Act?

Question 3?

Is there a bar on punishing under two different enactments for the same act, and how does General Clauses Act Section 26 apply to concurrent prosecutions under the FSS Act and IPC?