https://www.taxtmi.com/caselaws?id=465616 Prosecution for storing prohibited gutka/pan masala under an order issued u/s 30(2)(a) of the FSS Act raised whether IPC ss 328 and 188 could be invoked in addition to FSS Act offences. Relying on SC authority that IPC provisions may apply alongside the FSS Act for breach of prohibitory orders, the HC nonetheless held that s 188 requires positive evidence that disobedience caused or tended to cause danger to human life, and s 328 similarly presupposes a nexus to administering/causing consumption-related harm; mere storage, without manufacture, sale, or movement towards consumption, does not meet that threshold. The FIR was quashed only insofar as it invoked IPC ss 328 and 188, with FSS Act proceedings left intact. en-us Fri, 13 Sep 2019 00:00:00 +0530 Sat, 03 Jan 2026 08:03:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465616 Prosecution for storing prohibited gutka/pan masala under an order issued u/s 30(2)(a) of the FSS Act raised whether IPC ss 328 and 188 could be invoked in addition to FSS Act offences. Relying on SC authority that IPC provisions may apply alongside the FSS Act for breach of prohibitory orders, the HC nonetheless held that s 188 requires positive evidence that disobedience caused or tended to cause danger to human life, and s 328 similarly presupposes a nexus to administering/causing consumption-related harm; mere storage, without manufacture, sale, or movement towards consumption, does not meet that threshold. The FIR was quashed only insofar as it invoked IPC ss 328 and 188, with FSS Act proceedings left intact. Case-Laws Indian Laws Fri, 13 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465616