Chapter X - Adjudication and Food Safety Appellate Tribunal
Section 78
Section 78: Power of court to implead manufacturer etc
During trial a court may add a connected importer, manufacturer, distributor or dealer as an accused.
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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Where at any time during the trial of any offence under this Act alleged to have been committed by any person, not being the importer, manufacturer, distributor or dealer of any article of food, the court, is satisfied, on the evidence adduced before it, that such importer, manufacturer, distributor or dealer is also concerned with that offence, then the court may, notwithstanding anything contained in sub-section (3) of section 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), or in section 71 of this Act, proceed against him as though a prosecution has been instituted under this Act.
Key takeaways
Core rule
During trial a court may add a connected importer, manufacturer, distributor or dealer as an accused.
Practical check
Identify the evidence and court order; supply-chain status alone is insufficient for impleader.
Scope and operation
The court must be satisfied on evidence that the additional person is concerned with the offence alleged against someone outside those named roles. The 2026 amendment updates the criminal-procedure reference.
Applying the section
Identify the evidence and court order; supply-chain status alone is insufficient for impleader.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026