Court : Mumbai
..... relying upon the provisions of the food safety and standards act, 2006 and the regulations framed thereunder, he urged that bovine flesh has been statutorily accepted as a nutritious food. ..... he relies on several enactments such as essential commodities act, narcotic drugs and psychotropic substances act, wild life protection act, foreign exchange regulation act and foreign exchange management act, food adulteration act, customs act, etc. ..... arms rules, 1962, in a notified area, (b) bombs, dynamite or hazardous explosive substances or other lethal weapons capable of mass destruction or biological or chemical substances of warfare in any area, whether notified or not, he shall be guilty of terrorist act notwithstanding anything contained in any other law for the time being in force, and be punishable with imprisonment for a term which may extend to imprisonment for life or with fine which may extend to rupees ten lakh or with both. ..... whether they are justifiable will in the end depend upon whether it remains primarily the responsibility of the prosecution to prove the guilt of an accused to the required standard and whether the exception is reasonably imposed, notwithstanding the importance of maintaining the principle which art 11(1) enshrines. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... b) the food safety officers are not prohibited from proceeding against applicants / petitioners under the provisions of chapter x of the food safety and standards act, 2006. ..... section 42 of the food safety and standards act, 2006, reads as under :- 42. ..... in order to find out answer to this question, one must read the provisions of the food safety and standards act, 2006. ..... section 30 of the act provides that a commissioner of food safety of the state should be appointed for efficient implementation of food safety and standards. ..... the act establishes food safety and standards authority of india. ..... he alleged that he not only seized the goods but even lodged a police complaint alleging that the petitioner had committed violation of government notification, dated 15th may, 2014, prohibiting certain acts pertaining to gutka/pan masala and thereby committed offence punishable under sections 26 and 30 of the food and safety standards act, 2006 (in short, fss act, 2006). ..... it is an admitted fact that the fss act, 2006, empowered food and safety commissioner, state of maharashtra, under section 30 of the fss act, 2006, prohibiting sale, manufacture etc. ..... on careful perusal of provisions of chapter ix and x of the fss act, 2006 and the prohibitory order issued by the commissioner, it appears to us that contravention of prohibitory order would amount to failure to comply with directions of food safety officers as contemplated in s.55, which provided penal action. .....
Tag this Judgment!Court : Mumbai
..... it is, therefore, clear that food safety and standards act, 2006 is the comprehensive single special legislation for all food products on the subject of safety and standards. . . 55. ..... the challenge is to the constitutional validity of the provisions of food safety and standard act,2006 as also to the rules and regulations framed thereunder. 3. ..... the parliament enacted the food safety and standards act, 2006 (hereinafter referred to as fss act,2006 ? ..... the challenge as raised in this petition is quite broad inasmuch as in prayer clause (a) the petitioners pray for quashing and setting aside the provisions of the food safety and standards act, 2006 (for short the fss act ? ..... in our opinion, it would not be appropriate for the petitioners to contend that the adjudicating mechanism as provided in section 68 read with section 70 of the food safety act,2006 along with food safety and standard rules, 2011 does not effectively provide a redressal mechanism and thus an aggrieved person is rendered remediless. ..... and 3.1.2 of the food safety and standards rules,2011 clearly show that the adjudicating officer shall have power to hold inquiry for the purpose of adjudicating offences punishable under sections 50 to 58 and 64 to 67 of the food safety act,2006. .....
Tag this Judgment!Court : Mumbai
..... in fact, in exercise of powers conferred by section 92(2)(i) read with sections 20 and 21 of the food safety and standards act, 2006, regulations have been framed regarding contaminants, toxins and residues known as the food safety and standards (contaminants, toxins and residues) regulations, 2011. ..... before we consider the rival submissions, in our view, it would be necessary to take a brief look at the provisions of the food safety and standards act, 2006 and the rules and relevant regulations framed under the act. 23. ..... (ii) secondly, it was contended that the reports of the food laboratories on the basis of which the impugned order (exhibit-a) was passed were either not accredited by nbal or notified under section 43 of the food safety and standards act, 2006 ( the act ? ..... .-(1) the state government shall appoint the commissioner of food safety for the state for efficient implementation of food safety and standards and other requirements laid down under this act and the rules and regulations made thereunder ..... . section 16(5) of the act reads as under:- 16(5) the food authority may, from time to time give such directions, on matters relating to food safety and standards, to the commissioner of food safety, who shall be bound by such directions while exercising his powers under this act. ? 69 .....
Tag this Judgment!Court : Mumbai
..... is directed against order dated 19.12.2012 of the division bench of the bombay high court vide which the writ petition filed by respondent no.1 questioning the action taken by the functionaries of the state for seizure of its food products and raw material under the food safety and standards act, 2006 read with the food safety and standards regulations, 2011 was declared illegal and a direction was given for return of the stocks latest by 1.2.2013. ..... on the other hand, mr pracha, learned counsel appearing for respondent no.2, submitted that respondent no.2 has been established under the food safety and standards act, 2006 with a mandate to lay down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import and to ensure availability of safe and wholesome food for human consumption. ..... before we deal with the relevant provisions of the food safety and standards act, 2006, it would be important to note that the said act was enacted on 23rd august 2006 and various provisions thereof came into force on various dates during the years 2007 to 2010. ..... however, considering that respondent no.2 is a statutory authority constituted under the provisions of the food safety and standards act, 2006 to ensure that safe and wholesome food is supplied to the consumers, we refrain from doing so. .....
Tag this Judgment!Court : Mumbai
..... (iv) do the impugned provisions of sections 5d and 9a violate the central act viz food safety and standards act, 2006 or the live-stock importation act, 1898 or whether both these act viz the impugned provisions of the state act and central act are such that they cannot stand together. 22. ..... he then submitted that the food safety and standards act, 2006 (for short fssa ) also connected writ petitions clearly provides importation of food which included beef and regulations under section 62 of the fssa have already come into force prescribing the standard which was to be maintained by the importer who imported the beef. ..... (iii) does the law violate central act viz food safety and standards act, 2006 or live stock importation act, 1898? ..... overnight without giving a reasonable opportunity to the persons who are either carrying on business of slaughtering of bulls and bullocks as per the old section 6 of the act or to those who had imported the beef in tin or can form as is permitted provided they comply with the provisions of the old act or other relevant act which were repealed and incorporated in the fssa which permitted import of beef if it complies with the standards which are laid down under the regulations. ..... he submitted that subject matter of fssa operates in different field and the act lays down the standard of food which conforms to the standards. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... food safety and standard act, 2006 and it is mainly in respect of goa gutkha and other similar food ..... food safety and standard act, 2006 ..... food safety and standard act, 2006 ..... the learned counsel for the petitioner argued much on the provisions of section 41-a of the code of criminal procedure and he submitted that this power is not arbitrary and unless there is some material or accusation against the petitioner, notice under section 41a (1) cannot be issued against ..... thus the provision enables the police officer to collect information from the accused/suspect without effecting arrest and so the provision is not that way against persons like petitioner if the power given under section 41(1) of ..... the provision of section 41-a (3) of the code shows that after the appearance of the accused/suspect and the compliance of the conditions of the notice by the accused the investigating officer needs to give reasons if he forms opinion that ..... in mind by the courts that it is the statutory power given to the police to make investigation and the persons interested are always trying to use some provisions to protract the things. ..... the same, unwillingness of a person who has not been arrested to identify himself and to whom a notice has been issued under section 41-a, could be a ground ..... following procedure given in section 41-a of the code, the investigating officer gives opportunity to the accused or suspect to explain the things and that way the provision is for the benefit of the accused or the suspect. .....
Tag this Judgment!Court : Mumbai
..... by these applications the applicants, apprehending arrest in connection with crime nos.137 and 2 of 2014, registered on 15th and 16th september, 2014 respectively with shivaji nagar and shahapur police stations, ichalkaranji, district kolhapur for offences under sections 328 and 188 r/w section 34 of the ipc and section 59 of the food safety and standards act, 2006 have prayed for pre-arrest bail. ..... the learned app submitted that machinery being seized and/or found during the course of the raid at the relevant place make it abundantly clear that at said place, the concerned were indulging in the activity of manufacturing tobacco products which are banned as per notification issued on 15th july, 2014 by the food safety commissioner and drugs administration, maharashtra state. ..... while it is the submission of the learned counsel that as the facts fail to reveal any act committed by the applicants satisfying the earlier part of section 328, the provisions of said section would not be attracted, it is the submission of the learned app that considering the purpose for which said products were manufactured and same being cannot be for the purpose other than consumption of said products by customers, the provisions of section 328 would be attracted ..... it is his submission that hardly there is any evidence of either of the applicants having attempted to commit any such act of administering and/or causing some person to consume the material, as contemplated under said section. 8. .....
Tag this Judgment!Court : Mumbai
..... on behalf of the petitioners, the following submissions are made in support of the challenge as raised in the petition:- (i) that food authority does not have any authority, power or jurisdiction under the food safety and standards act,2006 (hereinafter referred to as 'fssa') read with rules and regulations framed thereunder to issue the impugned advisory dated 11th may,2013 providing for product approval. ..... the petitioners have also annexed a letter of the food authority dated 8.10.2013 which is a reply to an application under rti by which information is given by the food authority that the application fees of rs.25,000/- for approval of nutraceuitical product has not been prescribed under the food safety and standards act, rules and regulations made thereunder, but however, it has been prescribed in the guidelines issued for product approval issued under section 16(5) of food safety and standards act,2006. ..... 2.5.7.2011appointment of food inspectors employed by themunicipal corporations/councils, as the food safety officer and designated officer under the provisions of food safety and standards act,2006.3.1.3.2012issue of licensing of fbo at airports and ports4.24.1.2012issue of state/central licensing clarification onjurisdiction.5.23.3.2012guidelines related to food import clearanceprocess by fssai's authorized officers.6.2.4.2012fsms plan/certificates it may be mentioned that no dispute has been raised by the petitioners on the aforesaid advisories. 17. .....
Tag this Judgment!Court : Mumbai
..... preamble to food safety and standards act, 2006: an act to consolidate the laws relating to food and to establish the food safety and standards authority of india for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto (emphasis supplied) 23. ..... the petitioners have challenged the validity of the following provisions of two different regulations under the food safety and standards act, 2006 (the food safety act or fss act or act of 2006) as well as the statutory order dated 19 july 2012 of the commissioner of food safety, state of maharashtra under section 30(2)(a) of the food safety act. ..... . after taking into consideration the provisions of prevention of food adulteration act, 1954 and the rules thereunder, food safety and standards act, 2006, the regulations made thereunder, the cigarettes act, 2003, the judgment of the supreme court in ghodawat case and the material on record, and after considering the rival submissions and the decisions cited at the bar, we are of the view that this is not a fit case for granting any of the interim reliefs prayed for by the petitioners .....
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