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Supreme CourtDivision Bench(2014) 12 SC CK 0104

Swami Achyutanand Tirth vs Union of India

Supreme Court Of India · Decided on 10 December 2014 · Citation: (2016) 9 SCC 699 : (2016) 3 SCCCri 785

HON’BLE JUDGES
Mr. M.Y. Eqbal and Mr. Shiva Kirti Singh, JJ.
RESULT
Allowed
CASE NUMBER
Writ Petition (Civil) No. 159 of 2012 (For final disposal) with SLP(Crl) No. 1379 of 2011 (With Office Report) Crl.A. No. 472 of 2012 (With Office Report) Crl.A. Nos. 476-478 of 2012 Crl.A. No. 479 of 2012
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Judgment

6 paragraphs · 335 words
1.

Pursuant to this Court''s order dated 11.11.2014, the respondent-Union of India has filed an affidavit stating inter alia that the Food Safety and Standards (Amendment) Bill, 2014 was introduced in the Rajya Sabha for amending section 5 and 92 of the Food Safety and Standards Act, 2006 (34 of 2006) and to insert a new section, ''section 7A'', for the purpose of effective functioning and implementation of the Food Safety and Standards Act, 2006.

2.

However, the said Bill was withdrawn and referred to the Parliamentary Standing Committee on Health and Family Welfare for examination and for making necessary and important changes in the said Bill. The said Committee recommended that the Government may re-look into all aspects of the matter and come up with a comprehensive Bill at the earliest. Accordingly, Ministry of Health & Family Welfare is comprehensively reviewing the Food Safety and Standards Act, 2006 in compliance with the directions given by this Court and also proposing to make necessary changes in the light of representations received from the Food Business Operators (FBOs).

3.

From the aforesaid affidavit, it does not appear that the respondents are also proposing to make necessary amendments in the penal provisions of the Food Safety and Standards Act, 2006 so that the punishment must be deterrent.

4.

We reiterate that the respondent-Union of India shall take up the matter seriously and come up with all possible amendments in the Food Safety and Standards Act, 2006. We direct the respondent-Union of India to submit a Status Report in this regard on the next date of hearing.

5.

At the request of Ms. Indira Sawhney, learned counsel appearing for the respondent-Union of India, list these matters on 03.02.2015 along with the aforesaid Status Report.

6.

It goes without saying that while making necessary amendments in the Food Safety and Standards Act, 2006, the respondent-Union of India shall also make penal provisions at par with the provisions contained in the Indian Penal Code and the States Amendments made therein.