Police Lack Power To Probe Food Adulteration Under FSS Act: Rajasthan High Court Quashes FIR, Says Only Food Safety Officers Can Proceed

The Rajasthan High Court has reiterated that the police, appointed under the Police Act, does not have powers to investigate offences in relation to food adulteration punishable under the Food Safety and Standards Act, 2006 (“the Act”).

The bench of Justice Anoop Kumar Dhand was hearing a petition seeking quashing of offences against the petitioner under Section 272, 273 and 420 of IPC, as well as under the Act.

Section 272 and 273, IPC, criminalize the sale and/or adulteration of food as well as noxious drinks.

There were allegations against the petitioner that when the samples of food were seized from him, those were found to be adulterated and incorrectly branded. Consequently, an FIR was registered against the petitioner and charge sheet was also submitted.

It was the case of the petitioner that in light of Section 89 read with Section 59(i) of the Act, an FIR could not be registered in matters like the present one, on the ground that these sections, being specific law, had overriding effect over general law.

Section 59(i) of the Act provide the punishment for the event when the consumption of unsafe food did not result in injury.

Section 89 of the Act provide for overriding effect of the Act over all other food-related laws in force.

After hearing the contention, the Court referred to the Supreme Court cases of Ram Nath v the State of Uttar Pradesh & Ors. and Sushil Kumar Gupta v State of West Bengal, in which it was concluded that keeping in mind the offence under Section 59 of the Act, there could not be prosecution for the offences under Section 272 and 273, IPC, respectively. Furthermore, that the police constituted under the Police Act, not being a Food Safety Officer under the Act, was not empowered to investigate into the cases.

In this background, the Court held, “this Court finds no valid reason to take a different view, as the Hon'ble Apex Court has held that the Police does not have the power to investigate the matter for the offences in relation to food adulteration punishable under the Act of 2006, by virtue of Section 89 read with Section 59(i) of the Act of 2006 which has an overriding effect over the provisions contained under Sections 272 & 273 IPC.”

Accordingly, the petition was allowed, quashing the proceedings under IPC against the petitioner. The Court held that the concerned authority (Food Safety Officer) was free to initiate proper proceedings against the petitioner in accordance with law.

Title: Ravi v State of Rajasthan

Citation: 2025 LiveLaw (Raj) 402

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