No you will be not jailed for selling milk or loose milk products.
Fssai license is for processing or processed food products.
Under fssai act if person engaged in food business and he is not having license is liable for upto 6 months imprisonment.. My question is a person did selling of milk business in 2016-17 .. for one year .. after which he stoped that business... so even now he can be jailed for not having fssai license when he did milk sale business? Bcz when he was doing milk business he was not having fssai license.. .. so now can he be prosecuted or jailed for not having license at that time?
No you will be not jailed for selling milk or loose milk products.
Fssai license is for processing or processed food products.
If you didn't have a license and did business thatwa s illegal. Criminal liability does not extinguish and hence for past acts you can be punished.
Regards
If any complaints are made and it is proved that he has done the illegal business he can be prosecuted. But it's not so easy as limitation of 6 months for filing of complaint as per crpc has been expired so it will be not maintainable if issue of limitation is not satisfied.
- As per the Food Security Act, 2006 passed by Parliament , it is mandatory for all the products that are edible must be registered and obtain license under the FSSAI .
- Further, all the business . whether small or medium scale. the street vendors, and small eatery shops on roads comes under licensing procedure of FSSAI.
- Further, if the turnover is less than 12 lac per year, then only registeration of the business is mandatory, and not license.
- Hence, if your turnove per year was less than 12 lac , then there was no requirement of having a licence for the same.
1. There should be a Notice from the related authorities, at the time of actual selling of Food products, for the cause of action at the relevant time & date. This is compulsory for prosecution.
2. IF no notice was received in 2016-17, THEN under no circumstances, any prosecution /jail is possible now in 2019.
Prashant nayak sir .. what is 6 monthlimitation for filing of compliatnt as per crpc ? No notice has been recoved in 2016-17 and till 2019 .. so would he be prosecuted if now someone complaints of him that he done that business without license?
Section 468 Cr.P.C. creates a bar for taking cognizance of an offence after expiry of period of limitation and reads:
468. Bar to taking cognizance after lapse of the period of limitation. - (1) Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence of the category specified in Sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
2) accused cannot be prosecuted now after period of 2 years of commission of offence
What if for the criminal offence the punishment proivded in books is more the 1year.. 2 years And 3 years+. then what will be the limitation period?
Section 468 Cr.P.C creates a bar for taking cognizance of an offence after expiry of period of limitation and reads:
468. Bar to taking cognizance after lapse of the period of limitation - (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in Sub-section (2) after the expiry of the period of limitation.
(2) The period of limitation shall be
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years."
In your case there is remote chance that any action will be taken. For offences having punishment from 1 to 3 years limitation will be 3 years.
Fine only
6 months
Imprisonment not exceeding 1 year
1 year
Imprisonment:
Minimum of 1 year
Maximum of 3 years
3 years
No limitation for imprisonment above 3 years.
And if the offence is punishable with imprisonment greater than 3 years than what will be limitation period? And does expiry of limitation period always provides imputiny from all kind of criminal prosecution? But in incometax act one cAn be fine d and prosecuted for the past six year commited offence... so how this limitation period valid for the act?
NO limitation. Not impunity but preservation of liberty of individual for minor offenses with less punishment.
Provisions of IT act are differ to criminal laws.
Section 468 cr pc does not lay down the period of limitation for offences punishable with imprisonment exceeding three years. Meaning thereby there is no outer limit qua the limitation in relation to the offences having punishment for three years or more.
Above 3 years the limitation is not mentioned in the crpc.No it depends on the judge and it's discretion to allow the condonation of delay application for limitation or not
Suppose a person is convict of several offences under incometax act under 3 different sections... each section has maximum impronment of 7 years.. So would he be imprisoned for 7+7+7=21 years?
14. Section 31 of the Cr.P.C. is with regard to the sentence in cases of conviction of several offences at one trial. Section 31 is extracted hereunder;
31. Sentences in cases of conviction of several offences at one trial.
(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71of the Indian Penal Code (45 of 1860 ), sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that-
(a) in no case shall such person be sentenced to imprisonment for longer period than fourteen years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
For certain offences there is a limitation within which a complaint can be filed and if it is not filed then it cannot be filed.
No the maximum period shall be imposed upon he person. This is what generally happens. All the sentences run concurrently. In certain cases the judge can order that all sentences would run separately. Then 21 years.
Since he is not doing the milk business now and also he was doing the same long ago i.e., in the year 2016, hence no action can be taken against him now for not having licence at that time.
No complaint would be entertained agaisnt him at this stage when he is not into the said business now.
There is no question of irregularity at this stage if he was doing a business at that time, moreover the petty milk vending business do not require FSSAI licence.
If there is no offence at all under criminal law, he cannot be prosecuted. The licence is by FSSAI and unless the authorities have taken any action agaisnt him the police cannot take any action on this.
Not getting licence itself is not an offence.
Anyone selling any kind of food to the purchaser’s prejudice which not in compliance with the provisions of this Act or the regulations prescribed by FSSAI, or of nature or substance or quality as demanded by the purchaser will be liable to a penalty not exceeding Rs. 5 lakh. If the person is covered under Sub-Section (2), Section 31 for any non-compliance, will be liable to a penalty, not exceeding Rs. 25,000.
Hence you may once again ascertain the details and revert with the proper query to clarify the doubts.
It depends on the sentence passed by court.
Sentences that may all be served at the same time, with the longest period controlling, are concurrent sentences. Judges may sentence concurrently out of compassion, plea bargaining, or the fact that the several crimes are interrelated. When the sentences run one after the other, they are consecutive sentences.
A concurrent sentence is different from a consecutive sentence. With a consecutive sentence, a defendant serves time for each crime. For example, two five year sentences and one four year sentence, if served concurrently, would result in a maximum of five years in prison.
The judge can give the convicted criminal three concurrent life sentences. Each year served in prison subtracts a year from each sentence. That means that if a parole board decides that 26 years (for example) is enough time spent in prison, the 26 years applies equally to all three sentences.
Normally the punishment never runs consecutively but concurrently. It's maximum 7 years in all cases but they have power to give 21 as consecutive form but it's never done
Complaint for selling milk without requisite FSSAI licence can still be filed, but since the business is not operational now, chances of conviction are very less. Monetary fine may be imposed by the court. Maximum fine in case of such violation is rupees 5 lakh.
A complaint can still be filed against him but the onus of proof to prove their allegations would be on the complainant. Chances of any FIR being registered in such a case are very less