NDLI: Manik Hiru Jhangiani Vs. State of M.p

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Food Safety and Standards
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Food Safety and Standards Act, 2006 (34 of 2006)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: The question arose when the penal action can be taken under both the statutes-Food Safety and Standards Act, 2006 and Prevention of Food Adulteration Act, 1954, which statute would prevail. Food Safety and Standards Act, 2006 (FSSA) – ss. 52, 89 – Overriding effect of this Act over all other food related laws:Held: Effect of s. 89 is that if there is an inconsistency between the provisions of the PFA and the FSSA, s. 89 would operate, and provisions of the FSSA would prevail over the provisions of the PFA to the extent to which the same are inconsistent – Consequences of misbranding has been provided under both the enactments, and there is inconsistency in the enactments as regards the penal consequences of misbranding – Thus, in a case where after coming into force of s. 52 of the FSSA, if an act of misbranding is committed by anyone, which is an offence punishable u/s. 16 of the PFA and which attracts penalty u/s. 52 of the FSSA, s. 52 of the FSSA would override the provisions of PFA – In view thereof, the violator who indulges in misbranding cannot be punished under the PFA and he would be liable to pay penalty under the FSSA in accordance with s. 52 thereof – On facts, on the day on which the alleged offence of misbranding was committed, the offender-appellant could have been sentenced to imprisonment u/s. 16 of the PFA and under the FSSA, he could have been directed to pay the penalty up to Rupees 3 lakhs – Punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it would amount to double jeopardy, prohibited u/Art. 20(2) of the Constitution – Thus, when the penal action can be taken under both statutes, FSSA would prevail – High Court erred in holding that there is no inconsistency between the penal provisions relating to misbranding under the PFA and the FSSA – Hence, the High Court ought to have quashed the proceedings of the prosecution of the appellant u/s. 16 of the PFA – Impugned judgment and order set aside – Proceedings of the criminal case pending before the Magistrate quashed – Prevention of Food Adulteration Act, 1954 (PFA). [Paras 17, 18, 21]
Judge	Hon'ble Mr. Justice Abhay.S. Oka
Neutral Citation	2023 INSC 1078
Petitioner	Manik Hiru Jhangiani
Respondent	State Of M.p
SCR	[2023] 16 S.C.R. 551
Judgement Date	2023-12-14
Case Number	3864

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