September 22, 2018:

Any non compliance of the provisions of the Food Safety Act, Rules or Regulations or orders are subject matter of a prosecution under Section 188 IPC.

Apex Court Bench of Justices S.A. BOBDE and L. NAGESWARA RAO was dealing with a matter in which accused were booked and FIRs lodged for transportation and sale of Gutka/Pan Masala as it constituted offence punishable under Sections 26 and 30 of the Food and Safety Standards Act, 2006.  Sections 188, 272, 273 and 328 of the Indian Penal Code, 1860 were also added in the FIRs for non abidance of Official Govt. orders.

However the FIRs were sought to be quashed before the Bombay High Court under Criminal Writ Petitions.

The High Court quashed the criminal proceedings against the Respondents and declared that the Food Safety Officers can proceed against the Respondents only under the provisions of Chapter X of the FSS Act and not under IPC.

SC Bench disagreed with the High Court and reminded it that You can try & Convict an Accused under Two Laws but Sentencing can be only under one. Supreme Court refereed to-

Section 26 of the General Clauses Act, 1897 which reads as follows: “Provisions as to offences punishable under two or more enactments – Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.”

Apex Court observed-

''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, we are afraid that we cannot agree 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. A further error was committed by the High Court in interpreting the scope of Section 188 of the IPC.

Section 188 of the IPC does not only cover breach of law and order, the disobedience of which is punishable. Section 188 is attracted even in cases where the act complained of causes or tends to cause danger to human life, health or safety as well. We do not agree with the High Court that the prohibitory order of the Commissioner, Food and Safety is not an order contemplated under Chapter X of the IPC''.

The Bench further reiterated that-

''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.''

Supreme Court Judgement that can try & Convict an Accused under Two Laws but Sentencing can be only under one (Downloadable PDF)

Supreme Court Judgement That State Can Try & Convict an Accused Under Two Laws but Sentencing Can Be Only U... by Latest Laws Team on Scribd

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