Section 39. Liability of Food Safety Officer in certain cases.

Any Food Safety Officer exercising powers under this Act or the rules and regulations made thereunder who--- (a) vexatiously and without any reasonable ground seizes any article of food or adulterant; or (b) commits any other act to the injury of any person without having reason to believe that such act is necessary for the execution of his duty, shall be guilty of an offence under this Act and shall be liable to a penalty which may extend to one lakh rupees: Provided that in case any false complaint is made against a Food Safety Officer and it is proved so, the complainant shall be 1[liable to penalty] which shall not be less than fifty thousand rupees but may extend to one lakh rupees.