In Brief
This case concerns Food Safety Officers' authority to lodge criminal complaints under the Indian Penal Code for violations of the Food and Safety Standards Act. The High Court had quashed criminal proceedings, holding that violations of a Food Safety Commissioner's prohibitory notification could be dealt with only under the FSS Act's penalty provisions, not the IPC. The Supreme Court disagreed, holding that Section 188 IPC applies to the Commissioner's orders and extends to acts endangering health and safety, not merely law and order breaches. The Court clarified that conduct violating both the FSS Act and IPC permits parallel prosecution under either or both enactments, though double punishment is prohibited. The matter was remanded to the High Court for fresh consideration on whether the specific IPC offences were established.
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