FSSAI Special Law Cannot Be Used As Shield Against BNS Cheating Probe: Karnataka HC

Erasing expiry dates and re-labeling unsafe food products is a calculated assault on public health that transcends mere regulatory infractions and attracts criminal prosecution under the general penal law. Rejecting a quashing petition by a recycling firm accused of diverting expired goods back into consumer markets, the High Court held that the procedural completeness of a special enactment cannot transform into a charter of immunity against investigation into distinct offences like cheating.

A single judge bench of Justice M. Nagaprasanna refused to interdict a police investigation into a company alleged to be illegally repackaging, re-labeling, and selling expired food items and consumer goods under the provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) alongside the Food Safety and Standards Act, 2006.

Court's Rationale on Public Health and Criminal Liability

Dismissing the petition, the Court observed that the allegation of diverting expired products meant for recycling back to the market strikes at the very heart of public health and consumer confidence. The Court emphasized that an expiry date is not an ornamental inscription on a package, but marks the outer boundary beyond which safety cannot be assured.

The Court, in its reasoning, observed: "To erase an expiry date, affix a fresh label and place such a product back on the shelf is, therefore, to dress decay in the garb of freshness and deception in the attire of trade. The unsuspecting consumer purchases it believing it to be safe, while what is actually sold is an undisclosed and potentially grave risk to health."

Addressing the argument on statutory procedures, the Court held that police investigation and compliance with special enactments must flow in statutory harmony. The Court noted: "No doubt, the Act is a complete Code in respect of matters entrusted to the authorities constituted thereunder. But the completeness of the special enactment cannot become a cloak of immunity against investigation into distinct offences alleged under the general penal law. The two must operate in their respective spheres and, where the allegations overlap, in statutory harmony rather than mutual exclusion."

On the scope of cheating in public health cases, the Court highlighted: "An article allegedly re-labelled and released into the open market, carries the representation to every potential consumer who encounters it. The victim may not be known to the alleged deceiver by name; he may nevertheless be the very person whom the deception is designed to induce. The anonymity of the consumer cannot, by itself, confer anonymity upon the alleged crime."

Background

The petitioner company, M/s Earth Recycler Private Limited, was licensed for collection, recycling, processing, and disposal of expired food items and damaged consumer goods. Following a complaint from a local resident alleging that the firm was unlawfully storing, re-labeling, and re-packing expired consumables and selling them back to the market, Avalahalli Police registered Crime No. 185/2026 under Sections 316(2), 318(4) read with 3(5) of Bharatiya Nyaya Sanhita, 2023, as well as Sections 23, 24, and 59 of the Food Safety and Standards Act, 2006.

The petitioners approached the High Court seeking to quash the FIR and investigation under Section 528 of Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 482 of Code of Criminal Procedure). They argued that the Food Safety and Standards Act, 2006 is a complete code providing specific mechanisms for inspection, sampling, and prosecution under Sections 41, 42, and 47, thereby precluding police interference. Reliance was placed on the decision in Sushil Kumar Gupta v. State of West Bengal to contend that special procedures must override police investigation.

The State opposed the petition, presenting the spot mahazar and seizure inventory which included large quantities of expired milk, vegetables, ready-mix products, and household chemicals undergoing re-labeling. The High Court agreed with the State, finding that the gravity of public health deception warranted a full police investigation, and dismissed the petition.

Case Details:
Case No.: Criminal Petition No. 9114 of 2026
Case Title: Earth Recycler Pvt. Ltd. and Others v. State of Karnataka and Another
Appearances:
For the Petitioner(s): Sri B.S. Sachin, Advocate
For the Respondent(s): Sri B.N. Jagadeesha, SPP-I

Source: 2026 CaseBase(KAR) 13147