##PAGE1##

2026:BHC-NAG:2365-DB

932apl1196.2024.odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1196 OF 2024

APPLICANT :- Sandip s/o Premratan Bhure,

Aged 27 years, Occu: Driver,

R/o Navegaon, Tq. Mohadi, Distt.

Bhandara, present residing at Sudama

Nagari, Nagpur Tq. and Dist. Nagpur.

..VERSUS..

RESPONDENTS :- 1) State of Maharashtra,

Through Police Station Officer, Mohadi

Police Station, Tq. Mohadi, Dist.

Bhandara.

2) Food Safety Officer, Food and Drug

Administration (M.S.), Bhandara.

----------------------------------------------------------------------------------------------------------------------------------

Mr. Shyamsundar Ajay Mohta, counsel for applicant.

Ms Soniya Thakur, APP for respondent/State.

----------------------------------------------------------------------------------------------------------

CORAM : PRAVIN S. PATIL, J.

DATE : 05 /0 2 /2026

ORAL JUDGMENT :

1. Heard. Rule. Rule made returnable forthwith. By consent of

Mr. Shyamsundar Ajay Mohta, learned counsel for the applicant and

Ms. Soniya Thakur, learned APP for respondent/State, the application is taken

up for final hearing at the stage of admission.

2. By way of present application, the applicant seeks to challenge

Sessions Case No. 46 of 2024 (State Vs Sandip and others), arising out of

rkn

932apl1196.2024.odt

2

Crime No. 104 of 2023, registered for the offences punishable under Sections

188, 272, 273 and 328 of the Indian Penal Code, 1860, and Sections 26 (2)(i),

26(2)(iv), 27(3)(e), 3(1) (zz)(iv) and Food Safety and Standard Act 2006.

3. It is the submission of the present applicant that, in view of the law

laid down by the Hon’ble Supreme Court of India in the case of Ram Nath Vs

State of Uttar Pradesh and others reported in (2024) 3 SCC 502, the offence under

the provisions of Indian Penal Code are not tenable, and the Food Safety

Officer can initiate the proceedings only under the provisions of Food Safety

and Standards Act. It is contended that the Food Safety Officer alone is

empowered to initiate such proceedings. Therefore, relying upon the said

judgment, which has been followed in subsequent decisions of the Hon’ble

Supreme Court of India, the applicant seeks indulgence of this Court.

4. Ms. Soniya Thakur, learned APP for the State, has vehemently

opposed the said application and prayed for rejection of the application.

According to the learned APP, the issue as to whether proceedings can be

continued simultaneously under the provisions of the Indian Penal Code and

the Food Safety and Standards Act, 2006, is pending consideration before the

Hon’ble Supreme Court of India. Therefore, it is submitted that at this stage

the registration of offence cannot be quashed and set aside against the present

applicant.

5. In the light of the submissions made by both the parties, I have gone

through the complaint which is lodged against the present applicant.

6. In the present case, it appears that the Food Safety Officer, on receipt

of information, visited the spot and found that Applicant No. 1 was travelling

in a four-wheeler with contraband articles. The police officer on patrolling

duty intercepted the vehicle and found that the articles being transported were

banned by the State of Maharashtra vide notification dated 15/07/2022. As

such, considering the fact that seized contraband articles were being

rkn

932apl1196.2024.odt

3

transported in violation of notification issued by the Food Safety

Commissioner, the offence came to be registered against the present applicant

in the matter.

7. In this regard, it is pertinent to note that, as per the law laid down by

the Hon’ble Supreme Court of India in the case of Ram Nath (supra) it is held

that the provisions of Food Safety and Standard Act, being the most stringent,

overrides the general provisions of the Indian Penal Code, 1860, particularly in

a food-related matters. Therefore, it will be proper for the prosecution that

inquiry should be on the basis of provisions of Food Safety and Standards Act

onl