Dec 31, 2016

Food Adulteration in J&K Court convicts 2 for sale of adulterated turmeric

Imposes Rs 12 lakhs fine, 6 months imprisonment
SRINAGAR, Dec 30: A Budgam court has convicted two businessmen including the owner of a spices company for sale of adulterated turmeric in Kashmir.
In his detailed judgment, Imtiyaz Ahmad Lone, Judicial Magistrate Budgam has said that the prosecution has succeeded in establishing a case beyond the reasonable doubt against Rajiv Khera Son of Late Om Prakash Khera resident of Amritsar 15 Besant Avenue Punjab for manufacturing ‘Z-Gold Turmeric powder’ having lead in the product and declared unsafe and substandard by the Referral Laboratory of Kolkata as well as during the trial of the matter.
The court has also convicted Syed Ibrahim Rizvi Son of Late Haji Mohammad Abdullah Rizvi resident of Magam distributor of the product for selling adulterated Z-Gold Turmeric powder.
The court has convicted both the accused for the commission of offences under sections 51, 59 of Food Safety and Standards Act-2006, imposing a fine of Rs 5.00 lacs each. Both the accused have been also fined Rs. 1.00 lacs and 6 months of imprisonment.
The sale of Turmeric product that has led to conviction of these two persons contained lead and people with pre-existing kidney, nerve or circulatory disorders or with skin or eye problems may be more susceptible to the effects of this substance.
Thy same judge had convicted a milk sales company for mixing detergent during the processing of its milk products. “This is not first case where it has come to the surface that various products manufactured by the companies contains lead in Turmeric Powder, detergent in Milk, urea and other dangerous chemicals in other eatable products and in this behalf prosecution has been launched against the accused persons,” the court has said in its latest judgment.
The judge has further added: “The various companies are facing similar cases before various courts, therefore, the presumption of innocence in favour of the accused company is ruled out. The Apex Court of the State has also taken cognizance sumo motto against the same offences.”
The court has also appreciated the sincerity of the Food Safety Officer (FSO) Beerwah for her style and dedication displayed during the investigation of the substandard turmeric samples. “The manner, style and dedication displayed by the complainant namely Sakeena Bano FSO Beerwah this court is very much impressed and all the orders passed till date by this court shall merge with this final judgment that she needs appreciation and to be appreciated by the higher ups as well for conducting neat, clean and transparent investigation into the matter,” reads the judgment.
Pertinently, on April 4, the same judge had held Khyber Agro Farms private limited guilty for selling substandard and unsafe milk.
Besides imposing a fine of Rs 9 lacs on the company the court had ordered six months imprisonment to the In-Charge operations of the company. The court had also declared Food Analyst Kashmir either incapable or dishonest and has ordered for his immediate removal.

Adulterated food items increases cancer cases, provide list of unsafe food: Court

Srinagar, Dec 31: Expressing concern that sub-standard and adulterated food items being consumed by the people has resulted in increase in cancer cases, a local court in the central Kashmir district of Badgam directed government to provide list of food items which have been found unsafe for human consumption.
The First class Judicial Magistrate, Badgam, Imtiyaz Ahmad Lone found two accused guilty of supplying and adulterated food to consumer, said medical reports, the food items being supplied to human for consumption contains such elements which causes cancer.
This court is of the opinion that there are numerous cases pending before various courts and authorities in which product supplied to consumers are either substandard or unsafe for consumption and people are forced to them which is the reason fatal diseases like cancer is spreading in Jammu and Kashmir and fresh cases are being registered with the Hospitals.
The court while concluding the trial, has found two accused guilty for the commission of offence under section 26(1) (2) (i) (ii) of Food Safety Act 2006 punishable under section 59 and 51 of Food Safety and Standard Act 2006.
The two accused who have been convicted by the court are Syed Ibrahim Rizvi of Magam, M/S RCFWholesaler/Distributor and Rajiv Khera of Amritsar Punjab, Manufacturer/Processor/Packed by Shiv Shankar Udyog VPO Chati Wind Taramtam Road.
The judge maintained that in M/S Khyber Agro Farms Pvt Ltd Village Ladhoo Lethpora case this court has convicted the company for providing detergent in the milk product. This court has already held the Z-Turmeric-Gold Powder unsafe for human consumption.
The court said that in the interest of general public and for the safety of the nation, the Commissioner Food Safety and Standards, Kashmir, is hereby directed to publish list of articles, food items seized by the Department wherein cases have been filed and concluded in conviction in Print and Electronic media for the purpose of information and awareness to the general public.
The Commissioner will also intimate to this court that what action the department has taken regarding the cancellation of license and continuous flow of the food items declared either unsafe or substandard, the court said.
It further directed Deputy Commissioner Food and Safety (DCFS) to lift the products forthwith belonging to the convicted company from the market and will also issue a direction to the Sales Tax Department to prevent its flow into Valley or any other part of State of Jammu and Kashmir and shall cancel the license of the convicted company forthwith.

The Court maintained that DCFS will immediately issue orders to his subordinates that they shall lift samples of milk, edible oil, confectionary, sweets and other items from the market and refer them to District Laboratory and Referral Laboratory. However, on receipt of the report appropriate action will be initiated against guilty if any.