In Brief
The Supreme Court addressed whether Food Safety Officers can prosecute offences under the Indian Penal Code (IPC) for violations of a prohibition on manufacturing and selling adulterated Gutka/Pan Masala, or whether the Food and Safety Standards Act (FSS Act) is the exclusive remedy. The Court held that prosecution under both the IPC and FSS Act is permissible on the same facts, provided the offender is not punished twice. The Court rejected the High Court's view that Section 55 of the FSS Act was the only applicable provision, finding that Section 188 of the IPC extends to dangerous acts. The matters were remanded to the High Court for fresh consideration of whether the specific offences were made out.
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