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Judgement |
| FOOD AND SAFETY STANDARDS ACT, 2006 |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
FSS Act — Ss 26, 30 & 55 — IPC — Ss 272, 273, 188 & 328 — Manufacture of scented supari, tobacco, kharra — prohibitory order issued by Commissioner — Disobedience of — Held, this disobedience apparently does not tend to cause breach of law and order — Commissioner's order is not an order contemplated under Chapter 10 of the IPC —Besides, the prohibitory order issued under Section 30 of the FSS Act would amount to offence only under Section 55 of the FSS Act —Action taken by the Police u/ss 372, 373, 188 & 328, IPC —declared to be illegal — complaints are quashed — Food Safety Officers are not prohibited from proceeding against applicants/petitioners under the provisions of Chapter X of the FSS Act. (Para 18) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
Interpretation of Statute — FSS Act —Definition of term —'Adultrant'— any material which is or could be employed for making the food unsafe or substandard, misbranded or would contain extraneous matter. (Para 5) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
Interpretation of Statute — FSS Act —Definition of term — 'food' — any substance processed or otherwise which is intended for human consumption. (Para 5) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
Interpretation of Statute — FSS Act —Definition of term —'food additive'— any substance not normally consumed as a food by itself, but is intentionally added to food for certain purposes. (Para 5) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
Interpretation of Statute — FSS Act —Definition of term — 'unsafe food' — an article of food whose nature or substance or quality is so affected that it is rendered injurious to health. (Para 5) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
FSS Act — S 38 — Powers of Food Safety Officer — Held, the Food Safety Officer Is empowered — to take sample of any food — seize any article of food which is found in contravention of the Act — keep such seized articles of food in safe custody — may even seize any adulterant found in possession of manufacturer, distributor or dealer etc. of articles of food —can also seize books of account and other documents. (Para 9) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
FSS Act — S 42 — Ambit — Designated Officer after scrutiny of report of Food Analyst would decide as to whether the contravention, if any, is punishable with imprisonment or fine only— If he finds that contravention is punishable with imprisonment, he should send his recommendations within fourteen days to the Commissioner seeking sanction for prosecution— In case, the Designated Officer finds that contravention is punishable only with fine, he would himself adjudicate and dispose of such case. (Para 11) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
Interpretation of Statute — FSS Act — S 42 — Scope — The provision makes destination between two types of contraventions; — contravention which is punishable with imprisonment and contravention which is punishable only with fine— Obviously, contraventions which are punishable with imprisonment are serious cases and only such cases are sent for adjudication in Court— Other cases are decided by designated officers themselves. (Para 11) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
Interpretation of Statute — FSS Act — S 42 — Scope — Held, the Act ensures that only serious cases would be referred to adjudication in Court either in regular Court or in special Courts. (Para 11) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
Interpretation of Statute — FSS Act — S 49 — Adjudicating Officer or the Tribunal should adjudge the quantum of penalty for committing offence of rendering any article of food injurious to health — the adjudication process for contraventions and penalty is generally an "in house proceeding". (Para 12) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
Interpretation of Statute — FSS Act — S 55 — Scope — directions of Food Safety Officer — Violation or breach — is not made punishable with imprisonment, it cannot be referred to Court — Such cases should therefore necessarily go before the adjudicating officer. (Para 14) |
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| FOOD AND SAFETY STANDARDS ACT, 2006 |
FSS Act — S 30 — Prohibitory order passed under — Powers of Food Safety Officers — are empowered to seize articles found with any one in contravention of the prohibitory order. (Para 9) |
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