• FSSAI license

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?
Asked 4 years ago in Criminal Law
Religion: Hindu

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30 Answers

No you will be not jailed for selling milk or loose milk products.

 

Fssai license is for processing or processed food products.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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. 

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
13282 Answers
198 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

After one year of cleanser of business- NO.

Yogendra Singh Rajawat
Advocate, Jaipur
22663 Answers
31 Consultations

4.4 on 5.0

Closer of business* - No prosecution.

Yogendra Singh Rajawat
Advocate, Jaipur
22663 Answers
31 Consultations

4.4 on 5.0

 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 

Ajay Sethi
Advocate, Mumbai
94826 Answers
7561 Consultations

5.0 on 5.0

accused would not be prosecuted now 

Ajay Sethi
Advocate, Mumbai
94826 Answers
7561 Consultations

5.0 on 5.0

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."

Ajay Sethi
Advocate, Mumbai
94826 Answers
7561 Consultations

5.0 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22663 Answers
31 Consultations

4.4 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22663 Answers
31 Consultations

4.4 on 5.0

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.

Ajay Sethi
Advocate, Mumbai
94826 Answers
7561 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

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.

Ajay Sethi
Advocate, Mumbai
94826 Answers
7561 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No then there would be no limitation period.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

For offences graver and attracting more punishment tgere is no limitation period.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
85027 Answers
2210 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85027 Answers
2210 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85027 Answers
2210 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
85027 Answers
2210 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85027 Answers
2210 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Depends on court whether it orders sentence to run consecutively or subsequently.

Yogendra Singh Rajawat
Advocate, Jaipur
22663 Answers
31 Consultations

4.4 on 5.0

No he cannot be prosecuted for business done in 2016-2017.

The maximum imprisonment will of section having higher punishment if all sections are related to same offence. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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