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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
Ram Singh, S/o. Lala Ram – Appellant
Versus
State of Rajasthan, through PP. – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. These criminal miscellaneous petitions are arising out of common facts and against the same FIR raising identical points, hence, with the consent of the parties, at the stage of deciding application for stay vacation, all the petitions were heard together and are being decided finally by the instant common judgment.
2. For the sake of convenience, the facts stated in S.B. Criminal Miscellaneous (Petition) No.1599/2019 are being taken into consideration.
3. The criminal misc. petition has been filed with a prayer to quash and set aside FIR No.762/2018 registered with the Police Station Bayana, District Bharatpur for the alleged offences under Section 420 , 272 & 336 of IPC as well as Section 58 & 59 of Food Safety and Standards Act, 2006.
4. It is contended that the impugned FIR No.762/2018 has been lodged by the Sub-Inspector of Police Station Bayana on 03.09.2018 alleging therein that the accused-petitioners were found to be indulged in the process of adulteration of milk by blending caustic soda and other chemicals in one of the factory situated in RICCO industrial area. It has also been stated in the FIR that during search even the Food Safety Officer
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 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....
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....
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.
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.
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 ....
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