AI Overview...
- Sayyed Hassan Sayyed Subhan - Main points and insights:
- The Supreme Court in Sayyed Hassan Sayyed Subhan (AIR 2018 SC 5348) clarified that an acquittal order by a competent court is valid and that subsequent criminal proceedings do not invalidate previous judgments Sachin VS State of Maharashtra - Bombay.
- The Court held that a Food Safety Officer can lodge complaints for offences under both the Food Safety and Standards (FSS) Act and the Indian Penal Code (IPC), emphasizing the dual applicability of legal provisions Sachin VS State of Maharashtra - Bombay, Jaganath Enterprises VS State of A. P. - Andhra Pradesh.
- Non-compliance with the FSS Act does not bar prosecution under the IPC; both can be invoked simultaneously, and prosecution for offences under both statutes is permissible State of Maharashtra VS Sayyed Hassan Sayyed Subhan - Supreme Court, Rajkumar S/o Ratanlal Tibdewala VS State of Maharashtra - Bombay.
- The case involved offences under the FSS Act as well as IPC sections such as 272 and 328, relating to food safety violations and adulteration Rajkumar S/o Ratanlal Tibdewala VS State of Maharashtra - Bombay.
- The Supreme Court in Sayyed Hassan Sayyed Subhan affirmed that there is no bar to prosecuting an individual under both the FSS Act and IPC, and that penalties can be imposed under both laws, though punishment may be limited Thangaraj @ Thangarasu VS State, Rep. by the Inspector of Police, Namakkal - Madras, Anand Ramdhani Chaurasia, R/o Ramadhar Chawl VS State of Maharashtra, Through Public Prosecutor Office - Bombay.
- The Court also discussed that special enactments like the FSS Act do not exclude the applicability of general laws like the IPC, and multiple proceedings can be initiated for the same offence Govind Enterprises VS State of U. P. - Allahabad, Jayant VS State Of M. P. - Madhya Pradesh.
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The decision emphasizes that the legal framework permits concurrent proceedings and penalties under different statutes for related offences, provided procedural requirements are met Sachin VS State of Maharashtra - Bombay, Jaganath Enterprises VS State of A. P. - Andhra Pradesh.
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Analysis and Conclusion:
- The jurisprudence established by Sayyed Hassan Sayyed Subhan clarifies that offences under the FSS Act and IPC can be prosecuted simultaneously, and there is no legal bar to doing so.
- Complaints by Food Safety Officers under both laws are valid, and convictions can be obtained under each, subject to court proceedings.
- The case reinforces that non-compliance with specific food safety regulations does not preclude criminal liability under general criminal law.
- Overall, the decision provides a comprehensive understanding of the interaction between special statutes like the FSS Act and general criminal laws, facilitating effective enforcement against food safety violations and related offences.
Search Results for "Sayyed Hassan Sayyed Subhan"
2021 0 Supreme(Bom) 1224 • India - Bombay
MANISH PITALE
Sayyed Hassan Sayyed Subhan, emphasizing that the acquittal order was by a competent court and that the subsequent criminal proceeding ... Sayyed Hassan Sayyed Subhan (supra), wherein it has been categorically held that the Food Safety Officer can also lodge complaint for offences punishable under the IPC, in addition to offences under the FSS Act. ... Sayyed Hassan Sayyed Subhan....
2019 1 Supreme 314 • India - Supreme Court
S.A.BOBDE, L.NAGESWARA RAO
2023 Supreme(Online)(KER) 31920 • India - High Court of Kerala
Sayyed Hassan Sayyed Subhan, which held that non-compliance with the provisions of the FSS Act does not bar prosecution under the ... Sayyed Hassan Sayyed Subhan [2018 (4) KLT OnLine 3044 (SC)] to substantiate his submission that the instant prosecution is maintainable. 7. ... The Supreme Court in Sayyed Subhan’s case (supra) interpreting Section 55 of the FSS Act that provides for a penalty to be imposed for non-compliance with the....
2018 0 Supreme(Bom) 1234 • India - Bombay
T.V.NALAWADE, VIBHA KANKANWADI
Sayyed Hassan Sayyed Subhan and others). The facts show that the crime was registered under the provisions of Food Safety and Standard Act 2006 and also the provision of the IPC like Section 272 and 328. Following points were involved in the matter.
2021 0 Supreme(Telangana) 151 • India - Telangana
K.LAKSHMAN
Sayyed Hassan Sayyed Subhan, 2018 AIR (SC) 5348 by the Hon’ble Supreme Court and in Ganesh Pandurang Jadhao v. The State of Maharashtra, 2016 Cri. L.J. 2401 and Anand Ramdhani Chaurasia v. ... State of Kerala, 1995 (1) SCJ 277, Sayyed Hassan Sayyed Subhan, M/s. Pepsico India Holdings (Pvt) Ltd., v. State of U.P., 2011 (2) Crimes 250, Sanjay Anjay Stores v. Union of India, 2017 SCC Online Cal 16323, Boop Singh Tyagi v. State, 2002 Crl.L.J. 2872, State....
2019 0 Supreme(Mad) 1611 • India - Madras
N.ANAND VENKATESH
Sayyed Hassan Sayyed Subhan and Ors. reported in [MANU/SC/1021/2018]. 4. ... Sayyed Hasan and others] decided on 20.09.2018, the Apex Court has considered the various provisions of Special Enactment, the provisions of Indian Penal Code and also the provision of section 26 of General Clauses Act and the Apex Court has laid down that in aforesaid Special Enactment, there is no
2019 0 Supreme(Bom) 1499 • India - Bombay
RANJIT MORE, BHARATI DANGRE
public order apart from attracting a penalty under Section 55 of the FSS Act would, in view of the decision of the Apex Court in Sayyed ... Sayyed Hassan Sayyed Subhan & Ors., (2018) AIR SC 5348 where the Apex Court after recording that there is no bar to a trial or conviction of offender under the two different enactment but limiting the bar to the punishment to be imposed on the offender, had remanded the matters to the High Court in respect ... On perusal of the decision of the Apex Court in the case....
2019 0 Supreme(AP) 325 • India - Andhra Pradesh
D.V.S.S.SOMAYAJULU
Sayyed Hassan Sayyed Subhan and others, 2018 (3) ALT(Crl.) 365 (SC) : AIR 2018 SCC 5348, which also deals with the FSS Act and offences under the IPC for the transportation and sale of Gutkha, Pan Masala etc. ... Subhan, learned counsel, continues the arguments on the same lines. Public Prosecutors submissions: 8. Learned Public Prosecutor for the State appeared personally and argued on behalf of the respondents. ... Subhan, learned counsels for the petitioners. The learned Public Pros....
2019 0 Supreme(All) 1563 • India - Allahabad
MANOJ MISRA, SURESH KUMAR GUPTA
Sayyed Hassan Sayyed Subhan and Others, the issue that had arisen for consideration was whether an accused could be prosecuted for an offence punishable under the Penal Code for which a proceeding can also be drawn under the provisions of the Food Safety and Standards Act.
2020 0 Supreme(MP) 140 • India - Madhya Pradesh
VIRENDER SINGH
Sayyed Hassan Sayyed Subhan and Ors., (2018) AIR SC 5348 Hon'ble the Supreme has considered the issue and held that: 7.
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