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Police cannot investigate cases under FSS Act, 2006, states Madras HC
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Monday, 26 August, 2019, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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The Madras High Court has stated that the police cannot investigate cases under the Food Safety and Standards Act, 2006. The High Court has given ruling on a petition filed by Thangarasu, resident of Namakkal district in Tamil Nadu, saying that since the Food Safety and Standards Act, 2006, provides a different procedure to prosecute offences committed thereunder and special designated officers are appointed for the purpose, the police therefore cannot intervene.
Thangarasu was made an accused by the police for allegedly smuggling 3500kgs of banned items including gutkha and pan masala, under various sections of Indian Penal Code (IPC), the CoTPA Act and Sections 52 and 59 of the Food Safety and Standards Act, 2006.
The single judge bench observed,“In so far as the offences under Sections 52 and 59 of the Food Safety and Standards Act, 2006 is concerned, it indeed provides for a different procedure to prosecute, for those offences, by a designated authority and there is a special statute which lays down the procedure for prosecuting an offence under the said Act.”
“The offences under this Act cannot be investigated by the respondent Police and the respondent Police shall drop these offences in the course of an investigation and leave it to the appropriate authority to take action following the Food Safety and Standards Act, 2006,” he added.
The bench also observed that the police is not a competent authority in such matters under the Food Safety and Standards Act, 2006.
Meanwhile, according to a senior official with the Food Safety Standards Authority (FSSAI), the apex food regulator, the implementation of the FSS Act and regulations thereunder lies with the state government.
“There are designated officers and food safety officers appointed. Besides, there are adjudicating officers appointed to look into the cases. So as regard to the investigations and prosecution is concern there is a laid procedure under the Food Safety and Standards Act, 2006,” he said.
He added that, however ,when there is a requirement of police in any matter where there can be threat, the food safety officers (FSOs) on ground can inform the concern police authorities. Further, there are cases which are also covered under the IPC like adulteration and a separate case of police can be registered.
Meanwhile, the official said that the High Court has taken a view of the Act and made its observation and FSSAI has nothing to say on the judgement.
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