The Supreme Court of India has rendered a significant ruling on the intricate interplay between the Food Safety and Standards Act, 2006 (FSSA) and certain provisions of the Indian Penal Code (IPC). 

This decision, delivered by a two-Judge Bench comprising Justice Abhay S. Oka and Justice Sanjay Karol, sheds light on the overriding effect of Section 59 of the FSSA over Sections 272 and 273 of the IPC.

The crux of the matter revolved around a batch of appeals questioning the enforcement of Chapter IX of the FSSA against the backdrop of Sections 272 and 273 of the IPC. The appellants contested the validity of their prosecution under the IPC sections, arguing that Section 59 of the FSSA should take precedence.

Justice Oka and Justice Karol, in their cogent analysis, emphasized the unequivocal language of Section 59 of the FSSA. They elucidated that when the provisions of the FSSA are clear and unambiguous, recourse to the title or marginal note of the section is unnecessary for interpretation. 

The Bench unequivocally stated that the FSSA's provisions override any conflicting laws concerning food within its ambit.

Crucially, the Court delineated the expansive scope of "unsafe food" vis-à-vis "adulterated food," defining the former as any food item detrimental to health due to alterations in its nature, substance, or quality. This distinction underscored the gravity of ensuring food safety in the interest of public health.

Advocate Garvesh Kabra represented the appellant in challenging the Allahabad High Court's decision, which dismissed the petition seeking to quash the prosecution under the IPC sections. The appellant's argument hinged on the contention that the FSSA's comprehensive framework preempted prosecution under the IPC.

The Court also scrutinized the implications of Section 89 of the FSSA, which confers an overriding effect on its provisions. It underscored that Section 59 of the FSSA prevails over Sections 272 and 273 of the IPC, thus precluding simultaneous prosecutions under both statutes. This ruling, bolstered by precedent, ensures clarity and coherence in legal proceedings pertaining to food safety violations.

The judgment not only underscores the primacy of the FSSA in regulating food safety but also underscores the judiciary's commitment to safeguarding public health. By delineating clear legal boundaries, the Court has provided a robust framework for enforcing food safety regulations while upholding the rule of law.

Case: Ram Nath v. The State of Uttar Pradesh & Ors,

CRIMINAL APPEAL NO. 472 OF 2012.

Click to read/download judgment.