Brief Facts
- That the Food Inspector representing the Food Controller of Agra filed an FIR alleging violations of Sections 272 and 273 of the IPC. The accusation was that the appellant was selling mustard oil without a license and continued the business despite not having the required authorization. Another allegation was that the appellant adulterated mustard oil, edible oil, and rice bran oil. The appellant then approached the High Court seeking to quash the prosecution for offence under IPC once the alleged offence is covered under the Special Act (section 59 of the FSSA).
Issues
- Whether Food Safety and Standards Act overrides Indian Penal Code?
- Whether it is possible to have simultaneous Prosecution under Food Safety and Standards Act and Indian Penal Code?
Held
- The Supreme Court allowed the Appeal and quashed the proceedings for the offences under section 272 and 273 of IPC and granted liberty to the authorities to act in accordance with FSSA for offence punishable under section 59 of FSSA. The findings of the court are as under:
- The main Section (section 89 of the FSSA) clearly gives overriding effect to the provisions of the FSSA over any other law in so far as the law applies to the aspects of food in the field covered by the FSSA. In this case, we are concerned only with Sections 272 and 273 of the IPC. When the offences under Section 272 and 273 of the IPC are made out, even the offence under Section 59 of the FSSA will be attracted.
- We have no manner of doubt that by virtue of Section 89 of the FSSA, Section 59 will override the provisions of Sections 272 and 273 of the IPC. Therefore, there will not be any question of simultaneous prosecution under both the statutes.
Relevant Para No.
- 20 and 21