Friday 6 November 2020

The police are incompetent to take cognizance of the offences punishable under Sections 54 and 59 (1) of the Food Safety and Standards (FSS) Act, 2006

 https://indiankanoon.org/doc/1604466Mohammad Baligur Rehaman vs The State Of 

Telangana on 21 October, 2020;

the police are incompetent to take cognizance of the offences punishable under Sections 

54 and 59 (1) of the Food Safety and Standards (FSS) Act, 2006, investigating into the offences 

along with 188, 270, 272 and 273 of IPC., and filing charge sheet is a grave illegality, as the Food 

Safety Officer alone is competent to investigate and to file charge sheet following the Rules laid down 

under Sections 41 and 42 of FSS Act.

i) The information to be accessed/certified copies on the judicial side to be obtained through the mechanism provided under the High Court Rules, the provisions of the RTI Act shall not be resorted to.

 Supreme Court of India

Chief Information Commissioner vs High Court Of Gujarat on 4 March, 2020

Author: R. Banumathi

Bench: R. Banumathi, A.S. Bopanna

 REPORTABLE

 IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION

 CIVIL APPEAL NO(S).1966-1967 OF 2020

 (Arising out of SLP(C) No.5840 of 2015)

 CHIEF INFORMATION COMMISSIONER ..Appellant

 VERSUS

 HIGH COURT OF GUJARAT AND

 ANOTHER ..Respondents.                       43 i) The information to be accessed/certified copies on the judicial side to be obtained

through the mechanism provided under the High Court Rules, the provisions of the

RTI Act shall not be resorted to.  procedure as the practice or payment of fees, etc. for obtaining information. In the

absence of inherent inconsistency between the provisions of the RTI Act and other

law, overriding effect of RTI Act would not apply.

(ii) The information to be accessed/certified copies on the judicial side to be obtained

through the mechanism provided under the High Court Rules, the provisions of the

RTI Act shall not be resorted to.

44. In the light of aforesaid reasonings, the impugned order dated 13.03.2014 passed by the High

Court of Gujarat at Ahmedabad in Letters Patent Appeal No.1348 of 2013 is confirmed and these

appeals are dismissed. We place on record the valuable assistance rendered by Mr. Atmaram N.S.

Nadkarni as amicus.

...J.

[R. BANUMATHI] ...J.

[A.S. BOPANNA] ...J.

[HRISHIKESH ROY] New Delhi;