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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Deo Jaiswal @ Vikki, S/o. Late Suresh Prasad Jaiswal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding along with FIR in connection with Mahagama P.S. Case No.221 of 2022 corresponding to G.R. No.1794 of 2023 including the order dated 15.03.2023 passed by learned Judicial Magistrate-1st Class, Godda whereby and where under the learned Judicial Magistrate-1st Class, Godda has taken cognizance of the offences punishable under Section 419 of the Indian Penal Code and Sections 52, 59 and 63 of the Food Safety and Standards Act, 2006 and ordered for issuance of summons against the petitioners.
3. The allegation against the petitioners is that the petitioners were running an illegal factory and godown for preparing inedible oil from Mahua seeds and were misbranding the same as mustard oil of reputed brands in violation of the rules of FSSAI. The Food Safety Officer of Godda conducted a raid on the godown and found a truck loaded with branded mustard oil tins in which Molasses (Gud) was stored and the petitioners by impersonat
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 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 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 prosecution for an offense under the Food Safety and Standards Act, 2006 must be filed within the prescribed time limit, and the absence o....
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 absence of the manufacturer as an accused in food safety violations renders prosecution against the licensee untenable, violating procedural requirements of the FSS Act.
Directors who resign before the alleged offense cannot be held vicariously liable under food safety laws without specific allegations of their involvement at the time of the offense.
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.
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