the case is pending, which was instituted on the basis of a
complaint under the Food Safety and Standard Act though
higher punishment was provided that court has no jurisdiction
to award such a punishment, whereas under the police
investigation case, it will be committed to the Sessions Court
and the Sessions Court has power to award severe
punishment as provided under the Indian Penal Code. Further
if it is proved by the prosecution that the persons who are
selling the food articles were aware of the consequences of
the food being sold, which is likely to cause injurious to health
and even cause death, then apart from the same being falling
under the provisions of the Food Safety and Standard Act, it
will fall under the provisions of Section 304 of the Indian
Penal Code as well, which is a distinct and separate offence,
for which prosecution can be independently proceeded with by
the police on the basis of a complaint given by the affected
party. So only the offence under Section 59(3) of the Act
alone can be proceeded with by the Food Safety Officer as an
empowered officer and other offences which will not fall
under that Act and persons against whom prosecution can
be launched for the same offences, who are not covered by
the Food Safety and Standard Act, the only remedy available
to the affected person is to move the police for regular
investigation under the Code of Criminal Procedure and proceed
against them for the offence provided under the general law
namely Indian Penal Code. So, under the circumstances, the
submission made by the counsel for the petitioners that the
police case initiated on the basis of the complaint is barred in
view of the provisions of the Food Safety and Standard Act is
not sustainable and the same is liable to be rejected and the
petitioners are not entitled to get the relief quashing Crime
No.732/2012 of Museum police station, Thiruvananthapuram
claimed in the petition and the same is liable to be dismissed.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 9TH DAY OF DECEMBER 2014
Crl.MC.No. 1266 of 2013 ()
---------------------------
ABDUL KHADER,
Vs
THE STATE OF KERALA
Citation;2015 CRLJ(NOC) 186 kerala
