Police cannot probe food safety complaints, says high court
1 year, 1 month ago

Police cannot probe food safety complaints, says high court

Hindustan Times  

The Punjab and Haryana high court has ruled that in cases of misbranded and substandard food articles, criminal cases can’t be registered by police. The high court bench of justice Jasjit Singh Bedi quashed a criminal case registered in Patiala, wherein the local police had invoked the Indian Penal Code, slapping sections pertaining to adulteration of food, sale of item unfit for consumption and criminal conspiracy. “…once the food was found to be of substandard quality or was misbranded, an FIR under the IPC being maintainable is fallacious,” the bench recorded, adding that the 2006 Act was a special Act covering the field of food safety and standards. ‘Food safety law takes precedence over IPC’ Under the Food Safety and Standards Act, a distinction has been drawn between misbranded and substandard food on the one hand and unsafe food on the other hand.

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History of this topic

Delhi High Court Refuses To Entertain Writ Seeking Criminal Action Against Packaged Food Manufacturers For Using Excessive 'Added Sugar'
3 months, 1 week ago

Delhi High Court Refuses To Entertain Writ Seeking Criminal Action Against Packaged Food Manufacturers For Using Excessive 'Added Sugar'

Live Law  

The Delhi High Court today refused to entertain a writ petition seeking initiation of criminal proceedings under FSSAI Act against packaged food manufacturers, for using excessive added sugar in their products.Section 41 of the Food Safety and Standards Act, 2006 empowers the Food Safety Officer and Designated Officer to initiate prosecution against violators of the Act and the Rules. The …

Large Scale Food Adulteration: Madras High Court Issues Directions For Food Safety Commissioner To Spread Awareness And Take Swift Action
3 years ago

Large Scale Food Adulteration: Madras High Court Issues Directions For Food Safety Commissioner To Spread Awareness And Take Swift Action

Live Law  

Madras High Court has underscored the aggravating consequences of food adulteration in the public domain while disposing off a writ petition questioning the order passed by the Designated Officer under The Food Safety And Standards Act, 2006. The Madras High Court had also suo motu impleaded the Commissioner of Food Safety for the limited purpose of implementing the court's directions …

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