Case Note & Summary
The applicant, Harish Girdharlal Sarda, proprietor of Shri Hari Jal Seva, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the maintainability of First Information Report dated 07.05.2013 registered at Police Station, Chimur, District Chandrapur, vide Crime No.3011 of 2013 for offences punishable under Sections 55, 63 and 34 of the Food Safety and Standards Act, 2006 read with Rules 2, 3, 18(17) of the Food Safety and Standards (Prevention and Restrictions on Sales) Rules, 2011 and Section 188 of the Indian Penal Code. The applicant also sought to quash the order dated 06.04.2013 passed by the non-applicant no.2 (Assistant Commissioner, Food and Drugs Administration). The applicant was aggrieved by the initiation and continuation of the proceedings. The Court had issued Rule on 22.9.2014 and continued interim relief granted on 22.07.2014 directing the non-applicants not to take coercive steps against the applicant. Pending the application, an Intervenor, the Packaged Drinking Water Manufacturers Welfare Association, Nagpur, filed Criminal Application No.1624 of 2017 seeking permission to intervene, which was allowed. The Intervenor had also filed Writ Petition No.4343 of 2017 wherein notices were issued. The main legal issue was whether the FIR was maintainable without prior sanction under Section 52 of the Food Safety and Standards Act, 2006. The Court, after hearing the parties, held that no prosecution under the Act can be instituted without the written consent of the Food Safety Officer or the Commissioner of Food Safety as required under Section 52. Since no such sanction was obtained, the FIR and the order dated 06.04.2013 were quashed and set aside. The Court allowed the application and disposed it of accordingly.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Maintainability - The applicant challenged the FIR registered for offences under the Food Safety and Standards Act, 2006 and Section 188 IPC on the ground that no prior sanction under Section 52 of the Act was obtained. The Court held that the FIR is not maintainable without sanction and quashed the proceedings. (Paras 1-5) B) Food Safety and Standards Act - Sanction for Prosecution - Section 52 - Requirement of Prior Sanction - The Court held that under Section 52 of the Food Safety and Standards Act, 2006, no prosecution for an offence under the Act shall be instituted except with the written consent of the Food Safety Officer or the Commissioner of Food Safety. Since no such sanction was obtained, the FIR and subsequent proceedings are liable to be quashed. (Paras 4-5) C) Indian Penal Code - Offence under Section 188 IPC - Applicability in Food Safety Cases - The Court observed that Section 188 IPC is invoked in the FIR but the prosecution under the Food Safety Act requires sanction under Section 52 of that Act. The Court did not specifically rule on Section 188 IPC but quashed the entire FIR including that section. (Para 1)
Issue of Consideration
Whether the FIR registered under Sections 55, 63 of the Food Safety and Standards Act, 2006 read with Rules 2, 3, 18(17) of the Food Safety and Standards (Prevention and Restrictions on Sales) Rules, 2011 and Section 188 of the Indian Penal Code is maintainable without prior sanction under Section 52 of the Act.
Final Decision
The Court allowed the application and quashed the FIR dated 07.05.2013 registered at Police Station Chimur vide Crime No.3011 of 2013 and the order dated 06.04.2013 passed by non-applicant no.2.
Law Points
- Maintainability of FIR without sanction under Section 52 of Food Safety and Standards Act
- 2006
- Quashing of criminal proceedings under Section 482 CrPC
- Applicability of Section 188 IPC in food safety matters
