Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANAND SHARMA
Tahir, S/o Shri Sumer – Appellant
Versus
State Of Rajasthan, Through Pp. – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. Petitioner has challenged FIR No.679/2019 dated 03.12.2019 registered at Police Station Tijara, District Bhiwari (Rajasthan) for the offence under Sections 420 , 270, 272, 273 and 308 IPC .
2. It has been submitted by learned counsel for the petitioner that bare perusal of FIR would reveal that it has been lodged by the Sub-Inspector of Police in relation to alleged adulterated and unsafe food item which was allegedly being manufactured by the petitioner. At the time of alleged incident during search on 02.12.2019, even the Food Safety Officer was called for taking sample of the adulterated and unsafe food product.
3. Learned counsel for the petitioner submitted that Food Safety and Standards Act, 2006 (for short 'the Act of 2006') has been enacted by the legislature with the object to deal with all the provisions relating to food and food safety standards which also lays down the procedure for regulating manufacture, storage, distribution, sale, import as well as to ensure availability of safe and wholesome food for human consumption and the Act of 2006 also provides for penalties for violation. Section 89 of the Act of 2006 attributes supremacy to th
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 Food Safety and Standards Act, 2006 exclusively governs food adulteration matters, rendering prosecution under the IPC concurrent provisions impermissible.
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....
The police, not being Food Safety Officer under FSS Act 2006, are not empowered to investigate into the offences mentioned specially in FSS Act. But nothing can debar police to investigate an offence....
(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....
Under Section 42 of the Food Safety and Standards Act, The Food Safety Officer shall be responsible for inspection of food business, drawing samples and sending them to Food Analyst for analysis.
The central legal point established is that the procedure for launching prosecution under the Food Safety and Standard Act, 2006 must be followed, and the designated officers must have the necessary ....
Prosecution under the Food Safety and Standards Act does not require a prior complaint for FIR; misbranding entails legal liability under both the IPC and Food Safety Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
