Food Safety and Standards Act, 2006 Vs. Offences under Sections 272 & 273 of the Indian Penal Code – Interplay – trial of offender under both enactments – Overriding Effect of Section 89 of FSSA

By the Order dated 11.5.2010, the powers to initiate prosecutions under Sections 272 & 273 of the IPC and Prevention of Food Adulteration Act, 1954, were conferred on the authorities.

On 28.8.2010, the Food Inspector filed FIR for offences under Sections 272 and 273 of the PFA Act on the ground that although the appellant did not possess licence for sale of mustard oil, he continued the said busines and also adulterated the said oil, edible oil and rice brine oil.

The appellant filed petition under Section 482 of Cr PC for quashing the prosecution under Sections 272 and 273 of IPC. The High Court dismissed the petition.

HELD that the preamble of FSSA shows that it is an enactment to consolidate the laws relating to food and it is very comprehensive legislation on all the aspects of food.   FSSA contains exhaustive substantive and procedural provisions dealing with all aspects of food, food security as also unsafe food. Moreover, the concept of unsafe food is more comprehensive than the concept of adulterated food. Chapter IX of FSSA Act contain the offences and penalties.   Section 89 provides for overriding effect of FSSI Act over all other food related laws.  When the offences under Sections 272 and 273 of the IPC are made out, even the more stringent offence of Section 59 of FSSA will be attracted. Section 59 will override the provisions of Sections 272 and 273 of the IPC.   There will not be any question of simultaneous prosecution under both the statutes.

Ram Nath Vs. The State of Maharashtra (Criminal Appeal NO.472 of 2012) with Criminal Appeal No.479 of 2012 with connected Appeals.