Please remember if you have been arrested in this case then the case will be decided based on the merit and as per the provision of f s s a i act it is mandatory to get the licence from fssai you want to operate in such business which is covered under this act
FSSAI Act
Acc to fssai act If any person or food business operator (except the persons exempted from licensing under sub-section (2) of section 31 of this Act), himself or by any person on his behalf who is required to obtain licence, manufacturers, sells, stores or distributes or imports any article of food without licence, shall be punishable with imprisonment for a term which may extend to six months and also with a fine which may extend to five lakh rupees My question is that if someone do food business without license.. so he will be mandatory be convicted of 6 month imprisonment bcz it is written in the act .. or court have the own discretion not to give the punishment? Or the other way one can get rid of imprisonment? Bcz if it is mandatory so whats the cause if hiring the defence lawyer and defending the case?
Asked 6 years ago in Business Law
15 Answers
1. The Act provides "discretionary powers" to the Judge, for giving a "maximum punishment" of upto Five years "AND" "maximum fine" of upto 5 Lakhs. This depends on the type of crime & affected persons and the repeat /habitual consistency of the Crime.
2. The above can be seen from the "discretionary" words like "MAY" and "AND ALSO" "MAY EXTEND". BOTH imprisonment and Penalty (together are prescribed since the word "OR" is not prescribed).
3. The above means that for petty offences, the court "MAY" give just one days of imprisonment alongwith 10/- as penalty.
You can go as per natural law and fundamental rights to earn money for bread and butter.
If you have all plant set up and don't have licensed than its punishable.
Need to know all your background facts and issues of the case.
It is not mandatory that he be punished with imprisonment for 6 months
2) he can be sentenced to imprisonment Upto 6 months
3)it is at discretion of court to decide quantum of punishment
Punishment cannot be avoidable in this case? No way to get rid of punishmenf?
Asked 6 years ago
You cannot avoid punishment
Bailable offence but punishment is confirm either for single day and confirm Heavy penalty. Advocate is must, he will press court to leave you giving benefit of probation.
Punishment can be penalty in form of rupees that also if it is proved.
- Since it is mandatory to have a Licence for doing business of food etc, but this licence is not mandatory for a small/petty business.
- Hence, punishment depends upon the defending the case
- Further it can be avoidable , if proved othewise, that having a licence was not mandatory for you.
- Further, if it proved that , once it came to your knowldge, that the Licence is mandatory, then you closed to run your business, and not committed the offence under FSSAI .
- Further it also depend upon the discretion of court as well, ie. Court may be penalized you , inspite of imprisonment.
The law says that the offender is punishable under law for the said offence.
If the defence lawyer skillfully argue and gets his client out of the case by getting him acquitted then is not the defence lawyer useful?
It depends on the prosecution of the case and the stand taken by the defendant.
If the offence is proved then the court may pronounce the sentence as per law.
Dear Sir,
FSSAI registration is a mandatory compliance that ensures the safety of food products supplied or manufactured by various establishments in India. ... All the traders, manufacturers, restaurants who are involved in food business must obtain a 14-digit license number which is printed on their food products
Penalty for Running the Business without a License
Any food business operator (except for the business owners exempted from the licensing scheme under Sub-Section 2, Section 31 of FSS Act) either by himself or through someone on their behalf who is required to acquire the license operates without a valid FSSAI license will be penalized with an imprisonment term up to six months and a fine up to Rs. 5 lakhs.
You can pay the fine also. It's not necessary that court will convict you. It's always better to appoint a lawyer
The food business operator may face imprisonment and FSSAI license penalty up to rupees 5 lakhs for the same.
it depends on court either imposed penalty or sentenced to imprisonment.
It will depend on the discretion of court if evidence is not against that person on basis of which case is decided.
Purpose of defence lawyer is to present defence in court by which accused can be saved from conviction.
