LI Network
Published on: December 19, 2023 at 23:53 IST
The Supreme Court emphasized that when faced with penal provisions under both the Prevention of Food Adulteration Act, 1954 (PFA), and the Food Safety and Standards Act, 2006 (FSSA), the latter prevails to the extent of any inconsistency.
The division bench, comprising Justices Abhay S. Oka and Sanjay Karol, issued this directive during a hearing.
The case in question involved the appellant, a former Director of M/s. Bharti Retail Limited, accused of misbranding.
The Food Inspector, acting under the PFA, had purchased biscuit packets from one of Bharti’s retail stores in Indore in 2010. Although the PFA was repealed on August 5, 2011, the FSSA allowed for the continuation of proceedings for offenses committed under the PFA within three years from the FSSA’s commencement.
Following the repeal, the Food Inspector filed a charge sheet on August 12, 2011, and the appellant sought to quash the proceedings. The High Court rejected the plea, citing Section 97(4) of the FSSA, which allowed for the continuation of offenses under the PFA. The matter was subsequently brought before the Supreme Court.
Analyzing the legal intricacies, the Supreme Court noted that the alleged offense fell under Section 16(1)(a) of the PFA, punishable by imprisonment, while the corresponding provision under the FSSA prescribed a penalty rather than imprisonment.
The court turned its attention to Section 89 of the FSSA, which stipulates that in cases of inconsistency between the PFA and the FSSA, the latter prevails. In cases of misbranding, where both acts specify penal consequences, the court held that Section 52 of the FSSA would override the provisions of the PFA.
Consequently, the Supreme Court quashed the pending criminal proceedings against the appellant, clarifying that the judgment does not prevent authorities under the FSSA from taking action in accordance with Section 52.
The ruling provides clarity on the hierarchy of penal consequences in cases involving both acts and reinforces the precedence of the FSSA in instances of inconsistency.
