Supreme Court of India Judgements

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Category: Food Safety and Standards Act

Food Safety and Standards Act

Prevention of Food Adulteration Act, 1954 – Section 16(1)(a)(i) read with Section 7 – Food Safety and Standards Act, 2006 – Section 52 – Misbranding – The Supreme Court upheld the conviction but considered the new Food Safety and Standards Act, 2006, which provides for a lesser penalty for misbranding, leading to a reduction in the sentence – Appellant no.2’s sentence was converted to a fine, and appellant no.1’s fine was upheld – The appeal was partly allowed.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S A.K. SARKAR AND COMPANY AND ANOTHER — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : Sudhanshu Dhulia…

Food Safety and Standards Act

Food Safety and Standards Act, 2006 – Section 3(1)(j) – The Supreme Court held that the writ petition was not maintainable as it was filed by an interested party with a personal motive – The Supreme Court also held that there was no illegality or arbitrariness in the board’s decision to procure cardamom from local sources in view of the urgency and the transparency – The Supreme Court directed the State Government to destroy the existing stock of prasadam in an appropriate manner.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE TRAVANCORE DEVASWOM BOARD — Appellant Vs. AYYAPPA SPICES AND OTHERS — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri Narasimha, JJ. )…

Food Safety and Standards Act I P C

Food Safety and Standards Act, 2006 (FSSA) – Sections 3(zz), 59 and 89 – Penal Code, 1860(IPC) – FSSA is a comprehensive and exhaustive legislation on all aspects of food and food safety, and that Section 89 of the FSSA gives an overriding effect to its provisions over any other law, including the IPC, in so far as the law applies to the aspects of food covered by the FSSA

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM NATH — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…

Food Safety and Standards Act

Food Safety and Standards Act, 2006 – Sections 52 and 89 – Prevention of Food Adulteration Act, 1954 – Section 16 – Penalty for misbranded food – Punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy – in such a situation, in view of the overriding effect given to the provisions of the FSSA, the violator who indulges in misbranding cannot be punished under the PFA and he will be liable to pay penalty under the FSSA in accordance with Section 52 thereof.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANIK HIRU JHANGIANI — Appellant Vs. STATE OF M.P. — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal…

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Criminal Procedure Code, 1973 — Section 482 — Discretionary power — Exercise of — Quashing of proceedings at advanced stage of trial — Even if trial advanced, where dispute purely commercial, fully settled with no outstanding dues, and no continuing public interest, continuation of criminal proceedings amounts to abuse of process and can be quashed.

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