HC quashes FIR over food adulteration

Justice J. Sreenivas Rao of the Telangana High Court quashed a First Information Report issued by Mailardevpally police of Hyderabad against Jivani Sahil Feroz Ali following a raid on his masala manufacturing unit. 

The judge directed the police to return the property seized by them during the raid on M/s Sahil Foods at Katedan. The police contended that they found ‘biryani masala’ being made with adulterated and harmful ingredients during the raid on April 15 on Sahil Foods unit. The FIR was issued invoking sections 318 (4) and 274 of Bharatiya Nyaya Sanhita. 

The petitioner’s counsel S.M. Saifullah contended that the police have no jurisdiction to register or investigate cases related to food adulteration since the Union government already enacted the Food Safety and Standard Act in 2006. It was settled principle that a special Act always prevailed over general law and the sections under BNS invoked by the police in the case were arbitrary, he argued. 

He cited the Supreme Court verdict in Ram Nath vs the State of Uttar Pradesh which held that ‘provisions of Indian Penal Code cannot be invoked in relation with food offences and only provisions of FSSA are attracted’.