TMI Blog2018 (9) TMI 1803X X X X Extracts X X X X X X X X Extracts X X X X ..... ect 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 - 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 - thus, a perusal of the provisions of the FSS Act would make it clear that there is no bar for prosec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplications in the High Court of Bombay for quashing the FIRs. The High Court quashed the criminal proceedings against the Respondents and declared that the Food Safety Officers can proceed against the Respondents under the provisions of Chapter X of the FSS Act. Aggrieved thereby, the State of Maharashtra is before us. 2. The High Court framed two questions for consideration. They are: i. Whether the Food Safety Officers can lodge complaints for offences punishable under the IPC? ii. Whether the acts complained amounted to any offence punishable under the provisions of the IPC? 3. A notification was issued on 18.07.2013 by the Commissioner, Food Safety and Drugs Administration, Government of Maharashtra under Section 30 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and order, according to the High Court. The High Court found that the notification issued by the Commissioner dated 18.07.2013 is not an order contemplated under Chapter X of the IPC. The High Court was of the opinion that Section 55 of the FSS Act being a specific provision made in a special enactment, Section 188 of the IPC is not applicable. The High Court concluded on the first point that any violation of the prohibitory order can be dealt with only under Section 55 of the FSS Act and no other action can be initiated against the Respondents. 6. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or both enactments but shall not be liable to be punished twice for the same offence. T.S. Baliah v. T.S.Rengachari (1969) 3 SCR 65. The same set of facts, in conceivable cases, can constitute offences under two different laws. An act or an omission can amount to and constitute an offence under the IPC and at the same time, an offence under any other law. State of Bihar v. Murad Ali Khan (1988) 4 SCC 655 The High Court ought to have taken note of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. We suggested to the parties that the matters have to be considered afresh by the High Court by permitting both sides to raise all contentions which were canvassed before us. There was no serious objection by both sides to the remand of the matters back to the High Court. The only request made by the learned Senior Counsel for the Respondents is that no coercive action should be taken against the Respondents during the pendency of Criminal Writ Petitions and the Criminal Applications before the High Court. 10. We remand the matters to the High Court to consider the Criminal Writ Petitions and Criminal Applications afresh in respect of the second point framed i.e. whether offences under Section 188, 272, 273 and 328 of the IPC are made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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