FOOD ADULTERATION
Srinagar, Jan 10: In a major relief to Kashmir-based Kanwal Agro Food Industries, the Supreme Court Thursday stayed J&K High Court’s order imposing Rs 10 crore costs on it. Two days earlier the apex court had stayed the order in respect of Srinagar-based Khyber Agro Farms Limited.
A three judge bench led by Chief Justice, P Sathasivam stayed the order after the counsel representing Kanwal Agro Industries pleaded that the petitioner was not a party to the proceedings before the High Court and no notice was given to it before passing the order.
The bench observed that on going through the impugned order of the High Court, the contention of the petitioner’s counsel was found to be true. “Instead of going further into the matter, we suspend the operation of the impugned order for a period of four weeks from today,” the bench said.
The apex court, however, permitted the petitioner “to file application for impleading themselves as a party in the proceedings of the High Court on January 27.”
“On such petition being filed, we request the High Court to go into the plea of the petitioner and pass appropriate order after affording opportunity to all the parties. We have not expressed any opinion,” the court said while disposing of the Special Leave Petition against the High Court order.
Pertinently, on December 23 while taking cognizance of a report on sale of “adulterated food” items, the High Court had imposed Rs 30 crore costs on three food-processing companies including two Kashmir-based companies namely Khyber and Kanwal. The third company was Delhi-based Avon Agro Industries Pvt Ltd.
The “impeached companies” were asked to deposit Rs 10 crore each with Director SKIMS immediately.
The directions had been passed by a division bench after perusing the quality testing reports of the food items by Kolkata based Central Food Laboratory.
The reports presented before the court revealed that toned Khyber milk marketed under the brand name of Khyber Milk (Lot No. MD E S P 17 having manufacturing date July 2013) was found to be unsafe/misbranded/substandard (Ref. No.G.14-6/DO/2013 (pt-l)-725 dated 25th November, 2013).
As per the laboratory analytical reports, detergents were found in the samples of milk. Turmeric powder manufactured by the Avon Company was declared unsafe after the sample showed presence of Tartrazine, a coloring matter, which can cause fatal diseases including cancer.
Similarly, the laboratory report had revealed that the Saunf powder processed and sold by Kanwal Agro Food Industries Anantnag (Islamabad) was unsafe after results showed presence of Carmoisine and Tartrazine in the samples.
Subsequently, the court had directed Deputy Commissioner, Food Safety Kashmir to send copies of the results from Central Food Laboratory, Kolkata to Director SKIMS, Srinagar, who had been directed to file report about the nature of the diseases which could be caused due to the coloring matter “found in the spices and the toned milk.”
“The Government shall also give wide publicity in the print, electronic media about these adulterated food items so as to create general awareness in the public for non-use of the aforesaid spices and toned milk,” the court had said.
The court had directed the authorities under the Food Safety and Standards Act-2006, read with Rules of 2011, to take all necessary steps for seizing these spices and toned milk wherever available in the market and in the premises of manufacturers.
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