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Sushil Kumar Gupta vs. State of West Bengal (SC)

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Food Safety & Standards Act, 2006–Sec. 59–Penal Code, 1860–Secs. 272 & 273–Offence u/s. 59 is more stringent compared to Sections 272 & 273 of I.P.C.–By virtue of Sec. 89 of the Act, Sec. 59 will override the provisions of Secs. 272 & 273–After the enactment of the Act of 2006, more particularly, keeping in mind the offence u/s. 59 of the Act, there cannot be prosecution for the offences u/ss. 272 & 273–FIR is liable to be quashed–However, the State may initiate appropriate proceedings in accordance with the provisions of the Act.