VidhiSangh

Supreme Court of India · 21/02/2024

RAM NATH versus THE STATE OF UTTAR PRADESH & ORS.

[2024] 2 S.C.R. 743 · 2024 INSC 138

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Where conduct concerning unsafe food is covered by the Food Safety and Standards Act, Section 89 gives that Act overriding effect over IPC Sections 272 and 273. The State could not pursue simultaneous prosecutions under Section 59 FSSA and those IPC provisions for the same food-safety conduct; the authorities remained free to proceed under the FSSA in accordance with law.

Issues

  1. Whether IPC Sections 272 and 273 can be prosecuted alongside Section 59 of the Food Safety and Standards Act for conduct in the field covered by that Act.
  2. Whether Section 89’s overriding clause is limited to other food-related laws because of its title, or also applies to inconsistent provisions of the IPC.

Provisions considered

Held

Result

Three appeals challenging IPC prosecutions were allowed; the challenged orders and the offences under Sections 272 and 273 IPC were set aside, with liberty to initiate appropriate proceedings under the FSSA if not already commenced. The State’s appeals were dismissed. No order as to costs.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 743.