Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2018 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 1803 - SUPREME COURTJurisdiction - power of Food Safety Officers to lodge complaints for offences punishable under the IPC - sale of Gutka/Pan Masala for offences punishable under Sections 26 and 30 of the Food and Safety Standards Act, 2006 - Held that:- There is no dispute that Section 55 of the FSS Act provides for penalty to be imposed for non compliance of the requirements of the Act, Rules or Regulations or orders issued thereunder by the Food Safety Officer. But, it cannot be agreed with the conclusion of the High Court that non compliance of the provisions of the Act, Rules or Regulations or orders cannot be subject matter of a prosecution under IPC unless expressly or impliedly barred. The High Court is clearly wrong in holding that action can be initiated against defaulters only under Section 55 of FSS Act or proceedings under Section 68 for adjudication have to be taken - There is no bar to a trial or conviction of an offender under two different enactments, but the bar is only to the punishment of the offender twice for the offence. Where an act or an omission constitutes an offence under two enactments, the offender may be prosecuted and punished under either or both enactments but shall not be liable to be punished twice for the same offence - thus, a perusal of the provisions of the FSS Act would make it clear that there is no bar for prosecution under the IPC merely because the provisions in the FSS Act prescribe penalties. Whether the acts complained amounted to any offence punishable under the provisions of the IPC? - Held that:- The points that were not argued before the High Court were raised by both sides. We suggested to the parties that the matters have to be considered afresh by the High Court by permitting both sides to raise all contentions which were canvassed before us. There was no serious objection by both sides to the remand of the matters back to the High Court. The only request made by the learned Senior Counsel for the Respondents is that no coercive action should be taken against the Respondents during the pendency of Criminal Writ Petitions and the Criminal Applications before the High Court - matter remanded to the High Court to consider this point. Petition disposed off.
|