NARAYANA REDDIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question that arises for consideration in all these petitions is whether the prosecution under the provisions of P.F.A. Act, 1954 and P.F.A. Rules, 1955 is sustainable in respect of offences detected on and after 29-7-2010. In all the aforesaid cases food samples were taken by the Food Inspector after 29-7-2010. The sampling, labelling and other procedures were done under the P.F.A. Act and Rules mentioned above and the complaints were filed under the aforesaid Act and Rules. The learned Magistrate took cognizance in all the aforesaid cases for offences under the P.F.A. Act, 1954 and the P.F.A. Rules, 1955. It is contended by the learned counsel for the petitioners that P.F.A. Act, 1954 was repealed by the Food Safety and Standards Act, 2006 (hereinafter referred to as 'F.S.S. Act' for short) and hence no prosecution can be launched against the petitioners under the P.F.A. Act, 1954 and P.F.A. Rules, 1955. The petitioners have relied upon the notification dated 29-7-2010 (Annexure C) issued by the Ministry of Health and Family Welfare (Department of Health and Family Welfare). The said notification reads:

(2.) On going through section 1 (3) of the Act, it is clear that different dates were appointed for different provisions of the said Act and any reference to any such provision to the commencement of the said Act shall be construed as a reference to the coming into force of that provision. Since Annexure C notification, quoted above, was issued under Section I (3) of F.S.S. Act and since it is stated that as per the said notification the provisions mentioned therein have come into force on that day; namely on 29-7-2010, it has to be construed that it is only those provisions, mentioned in Annexure C notification, which came into force with effect from 29-7-2010.

(3.) Smt. Jasmine, the learned Public Prosecutor, would submit that so many other provisions in the Act did not come into force with effect from 29-7-2010. It is not disputed that different provisions have come into force with effect from different dates as mentioned in those notifications. For example, sections 36 to 47 came into force with effect from 31-7-2009.