Case Note & Summary
The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR in Crime No.185 of 2026 and the complaint dated 21-04-2026 registered by Avalahalli Police Station, Bengaluru Rural. The first petitioner, Earth Recycler Private Limited, represented by its authorized signatory, along with two directors, sought quashing of proceedings for offences under Sections 23, 24 and 59 of the Food Safety and Standards Act, 2006 and Sections 316(2), 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the Additional Chief Judicial Magistrate, Bengaluru Rural. The company was engaged in collection and disposal of expired food products, damaged consumer goods and other waste materials. The complainant alleged that the petitioners collected expired food products and damaged goods and indulged in re-labelling, re-packing and resale of those products to the general public. A complaint from a resident led to registration of the crime. The prosecution contended that a spot mahazar conducted on 22-04-2026 recovered milk, curd, fruits, vegetables, eggs, wheat flour, cool drinks, ready-mix products, washing powder and shampoo, indicating a wide-scale activity. The petitioners argued that the Food Safety and Standards Act is a complete code providing for inspection, sample collection, analysis and prosecution, and that police lack jurisdiction to register an FIR under BNS without a preliminary enquiry and notice. They relied on Sushil Kumar Gupta v. State of West Bengal. The State argued that distinct BNS offences are alleged and investigation is at a nascent stage, and the special enactment cannot be a charter of immunity. The court noted that the company secured a licence on 05-07-2025 valid up to 04-07-2026 from the Food Safety and Standards Authority of India, and that a tax invoice showed purchase and sale of expired damaged oil to a soap factory. The available excerpt records these facts and submissions but ends before the court's analysis and final order. Therefore, the final decision and ratio decidendi are not mentioned in the provided text.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 of the Code of Criminal Procedure, 1973 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - Whether FIR for offences under Food Safety and Standards Act, 2006 and Bharatiya Nyaya Sanhita, 2023 can be quashed on the ground that the special Act is a complete code - Petitioners contended that police registration without preliminary enquiry under the Act is mechanical and without jurisdiction; State argued that investigation into distinct BNS offences is permissible at nascent stage - Held, the available excerpt records only submissions and preliminary observations and does not contain the final decision (Paras 1-6). B) Food Safety and Standards Act, 2006 - Offences and Procedure - Sections 23, 24, 59, 41, 42, 47 - Whether Act is complete code and mandates preliminary enquiry before police action - Petitioners relied on Sushil Kumar Gupta v. State of West Bengal and argued that police cannot interfere and must follow statutory mechanism for inspection, sampling, analysis and prosecution; State contended that allegations of relabelling expired products and wide recovery justify investigation - Held, not determined in available excerpt (Paras 4-6, 8). C) Bharatiya Nyaya Sanhita, 2023 - Substantive Offences - Sections 316(2), 318(4) r/w 3(5) - Applicability alongside Food Safety Act - State argued that relabelling expired milk, curd, fruits, vegetables, eggs, wheat flour, cool drinks, ready-mix products, washing powder and shampoo and releasing them into commerce constitutes distinct BNS offences requiring police investigation - Held, not determined in available excerpt (Paras 1, 5-5.1).
Issue of Consideration
Whether the registration of FIR under the Bharatiya Nyaya Sanhita, 2023 for offences also covered by the Food Safety and Standards Act, 2006 is barred because the Act is a complete code; and whether police investigation is without jurisdiction when mandatory preliminary enquiry under the Act was not conducted.
Final Decision
Not mentioned - the available judgment excerpt ends before the final order; the petition was heard and reserved for orders and pronounced on 14-08-2026 but the operative decision is not included.
Law Points
- Food Safety and Standards Act as complete code
- police jurisdiction
- preliminary enquiry
- Sections 41
- 42
- 47 procedure
- distinct BNS offences
- re-labelling of expired products constitutes public health risk
- special enactment not immunity from BNS investigation
