RAM NATH versus THE STATE OF UTTAR PRADESH & ORS.

RAM NATH versus THE STATE OF UTTAR PRADESH & ORS.

Section 89 of the FSSA gives the FSSA overriding effect over other laws in matters covered by the FSSA; where offences under ss.272 and 273 IPC are attracted in relation to food, the offence under s.59 of the FSSA will also be attracted and because s.59 is a more comprehensive and stringent code the Court set aside prosecutions under ss.272 and 273 and allowed appeals with liberty to proceed under s.59 FSSA.

Parties
Appellant: Ram Nath; Respondent(s): The State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
21 February 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal From High Court Order
Outcome
Criminal Appeal Nos. 472 of 2012, 479 of 2012 and Criminal Appeal arising out of SLP (Crl.) No. 1379 of 2011 allowed; Criminal Appeal Nos. 476-478 of 2012 dismissed
Legal Topics
Overriding Effect of Statutes, Food Adulteration, Section 59 FSSA, Sections 272 and 273 IPC, Simultaneous Prosecution, Intention and Knowledge
Food Safety Law Criminal Law Statutory Interpretation Overriding Effect of Statutes Food Adulteration Section 59 FSSA Sections 272 and 273 IPC Simultaneous Prosecution +1 more

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Parties

Ram Nath

Appellant

The State of Uttar Pradesh & Ors.

Respondent(s)

Procedural Posture

Criminal Appeal / Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether s.89 of the Food Safety and Standards Act, 2006 gives the FSSA overriding effect over ss.272 and 273 IPC
  2. 2 Whether offences under ss.272 and 273 IPC can be prosecuted simultaneously with offences under s.59 FSSA
  3. 3 Whether s.59 FSSA requires intention or knowledge as elements compared to ss.272/273 IPC

Ratio Decidendi

Section 89 of the FSSA gives the FSSA overriding effect over other laws in matters covered by the FSSA; where offences under ss.272 and 273 IPC are attracted in relation to food, the offence under s.59 of the FSSA will also be attracted and because s.59 is a more comprehensive and stringent code the Court set aside prosecutions under ss.272 and 273 and allowed appeals with liberty to proceed under s.59 FSSA.

Court Disposition

Criminal Appeal Nos. 472 of 2012, 479 of 2012 and Criminal Appeal arising out of SLP (Crl.) No. 1379 of 2011 allowed; Criminal Appeal Nos. 476-478 of 2012 dismissed

Orders

  • Impugned High Court orders set aside in Criminal Appeal Nos. 472 of 2012, 479 of 2012 and Criminal Appeal arising out of SLP (Crl.) No. 1379 of 2011
  • Offences which were the subject matter of those appeals quashed and set aside