The Food Safety and Standards Act provides an exclusive mechanism for prosecuting food safety violations, superseding provisions of the IPC, making unrelated FIRs impermissible.

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 the Act of 2006 over the general provisions of IPC and overriding effect has been given to the Act of 2006 by virture of provisions under of the Act.

4. It is submitted that as per Section 42 of the Act of 2006, in case any violation is found, then after following the procedure contemplated under , complaint can be filed preceeded by necessary recommendation by the Commissioner of Food Safety. In the instant case, the FIR has been lodged by Police Officer, who is not authorised under the Act of 2006, even otherwise in view of specific provisions of the Act of 2006, no FIR is maintainable and cognizance, if any, can be taken by the concerned Court only upon lodging of complaint under of the Act of 2006. Hence, learned counsel submits that in the instant case, FIR is without jurisdiction and lacks sanctity of law. He submits that although, during the pendency of the instant petition, after investigation charge-sheet was filed by the Police Authorities and even trial has proceeded further, yet since the root of the trial proceedings is the FIR in question which is without competence and jurisdiction, therefore, all the further proceedings pursuant to the instant FIR are also liable to be quashed and set aside.

5. Learned Public Prosecutor opposed the petition and submitted that the allegations levelled in the FIR are relating to offences of IPC , therefore, FIR can be registered under Section 154 Cr.P.C. and the Police Authorities have got power to investigate and to file charge-sheet before the Competent Court in respect of offences alleged under the provisions of . He further submits that at this stage, when admittedly charge-sheet has been filed and the trial court has proceeded further, quashing of FIR under Section 482 would not be maintainable in eye of law.

6. Heard and considered.

7. Recently, similar question has been dealt with by this Court in the case of Ram Singh & Anr. Vs. State of Rajasthan (S.B. Criminal Miscellaneous Petition No.1599/2019 decided on 27.10.2025), where after analysing the provisions of the Food Safety Act as well as the corresponding provisions under IPC , it has been held as under:-

"12. It is a matter of record that the Food Safety and Standards Act, 2006 was enacted by the Parliament with an object to consolidate the laws relating to food and to establish the Food Safety and Standards Authorities of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale, import