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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.SREENIVASA REDDY
Apurva Vinaykanth Chavda – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
K SREENIVASA REDDY, J.
1. These Criminal Petitions, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "the BNSS ‟), have been filed by various accused in Crime No.470 of 2024 of Tirupati East Police Station to grant bail to them in the said crime.
Petitioner in Criminal Petition No.4203 of 2025 is A.5; petitioner in Criminal Petition No.4187 of 2025 in A.3 and the petitioner in Criminal Petition No.4198 of 2025 is A.4, in the aforesaid crime.
2. Basing on a report dated 25.09.2024 lodged by the General Manager (Procurement), T.T. Devasthanams, Tirupati ("the informant‟), the aforesaid crime was registered for the offences under Sections 274 , 275, 316 (5), 318 (3), 318 (4), 61 (2) and 299 read with 49 read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity " BNS ‟) and Sections 51 and 59 of the Food Safety and Standards Act, 2006 (FSS Act, 2006), by the Sub Inspector of Police, East police station, Tirupati, against M/s.A.R.Dairy Foods Private Limited, Dindigal, Tamilnadu and others.
3. The allegations in the report dated 25.09.2024 lodged by the informant, in brief, are as follows.
In view of various complaints received from pilgrims on the
Bail is the rule, not the exception; accused's cooperation and absence of evidence of witness tampering justified his release.
The Court ruled that cooperation with investigations and the presumption of innocence warranted bail for accused in a case involving food adulteration and conspiracy, despite serious charges.
Food adulteration - Bail granted - Mere possession or storage of noxious food or drink would not attract the ingredients of offence under section 273 of the Indian Penal Code, unless it is sold or of....
The Food Safety and Standards Act, 2006 exclusively governs food adulteration matters, rendering prosecution under the IPC concurrent provisions impermissible.
The Food Safety and Standards Act provides an exclusive mechanism for prosecuting food safety violations, superseding provisions of the IPC, making unrelated FIRs impermissible.
The grant of bail involves balancing the nature of the offence, severity of the punishment, and the prima facie view of the involvement of the accused, along with considering the period of detention ....
The main legal point established in the judgment is that the provisions of the Food Safety and Standard Act, 2006 have an overriding effect over the Indian Penal Code, and the procedure for launching....
(1) Sale of adulterated food – Concept of unsafe food is more comprehensive than concept of adulterated food – By virtue of Section 89 of Food Safety and Standards Act, 2006, Section 59 will override....
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