Offenders can be prosecuted under two different laws: SC

NEW DELHI, Sept 21:
A person can be prosecuted for an act or omission constituting an offence under two different laws but cannot be sentenced twice for the same offence, the Supreme Court has said.
The court said Maharashtra Police can initiate criminal action under IPC for transportation, stocking and sale of ‘Gutka’ or Pan Masala, which are offences also punishable under the Food and Safety Standards (FSS) Act.
“Where an act or an omission constitutes an offence under two enactments, the offender may be prosecuted and punished under either or both enactments but shall not be liable to be punished twice for the same offence,” a bench of Justices S A Bobde and L Nageswara Rao said.
The bench was hearing an appeal of the Maharashtra government challenging the Bombay High Court order which had said that a person can be held liable for offences of transportation, stocking and sale of Gutka or Pan Masala under the FSS Act and not the Indian Penal Code (IPC). “A perusal of the provisions of the FSS Act would make it clear that there is no bar for prosecution under the IPC merely because the provisions in the FSS Act prescribe penalties. We, therefore, set aside the finding of the High Court on the first point,” the bench said on Thursday. (PTI)

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