TAHIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has challenged FIR No.679/2019 dtd. 3/12/2019 registered at Police Station Tijara, District Bhiwari (Rajasthan) for the offence under Ss. 420, 270, 272, 273 and 308 IPC.

(2.) It has been submitted by learned counsel for the petitioner that bare perusal of FIR would reveal that it has been lodged by the Sub-Inspector of Police in relation to alleged adulterated and unsafe food item which was allegedly being manufactured by the petitioner. At the time of alleged incident during search on 2/12/2019, even the Food Safety Officer was called for taking sample of the adulterated and unsafe food product.

(3.) Learned counsel for the petitioner submitted that Food Safety and Standards Act, 2006 (for short 'the Act of 2006') has been enacted by the legislature with the object to deal with all the provisions relating to food and food safety standards which also lays down the procedure for regulating manufacture, storage, distribution, sale, import as well as to ensure availability of safe and wholesome food for human consumption and the Act of 2006 also provides for penalties for violation. Sec. 89 of the Act of 2006 attributes supremacy to the Act of 2006 over the general provisions of IPC and overriding effect has been given to the Act of 2006 by virture of provisions under Sec. 89 of the Act.