2018 (9) TMI 1803

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....IPC'). The Respondents in the above appeals filed Criminal Writ Petitions and Criminal Applications in the High Court of Bombay for quashing the FIRs. The High Court quashed the criminal proceedings against the Respondents and declared that the Food Safety Officers can proceed against the Respondents under the provisions of Chapter X of the FSS Act. Aggrieved thereby, the State of Maharashtra is before us.  2. The High Court framed two questions for consideration. They are: i. Whether the Food Safety Officers can lodge complaints for offences punishable under the IPC? ii. Whether the acts complained amounted to any offence punishable under the provisions of the IPC? 3. A notification was issued on 18.07.2013 by ....

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.... Food Safety. The allegations against the Respondents do not have the tendency to cause breach of law and order, according to the High Court. The High Court found that the notification issued by the Commissioner dated 18.07.2013 is not an order contemplated under Chapter X of the IPC. The High Court was of the opinion that Section 55 of the FSS Act being a specific provision made in a special enactment, Section 188 of the IPC is not applicable. The High Court concluded on the first point that any violation of the prohibitory order can be dealt with only under Section 55 of  the FSS Act and no other action can be initiated against the Respondents. 6. There is no dispute that Section 55 of the FSS Act provides for penalty to be impose....

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....sion constitutes an offence under two enactments, the offender may be prosecuted and punished under either or both enactments but shall not be liable to be punished twice for the same offence. T.S. Baliah v. T.S.Rengachari - (1969) 3 SCR 65. The same set of facts, in conceivable cases, can constitute offences under two different laws. An act or an omission can amount to and constitute an offence under the IPC and at the same time, an offence under any other law. State of Bihar v. Murad Ali Khan - (1988) 4 SCC 655 The High Court ought to have taken note of Section 26 of the General Clauses Act, 1897 which reads as follows: "Provisions as to offences punishable under two or more enactments - Where an act or omission constitutes an of....