Dec 13, 2018

HC to state govt: Get jail for food adulterators, penalty not enough

CHENNAI: Just penalty, and no jail, for food and milk adulterators? Raising this question, the Madras high court has directed officials concerned to conduct more surveys, searches and investigations, and initiate stringent prosecution of offenders so that culprits do not get away with mere fines.
A bench of Justice Vineet Kothari and Justice Anitha Sumanth, after perusing a status report filed by commissioner of food safety P Amudha on Wednesday, said, “The report of convictions and the imprisonment prima facie shows that most of the accused persons and convicts are getting away with payment of fine rather than imprisonment for serious offences of food adulteration. That requires serious attention of this court, trial courts and prosecution.”
The bench was issuing the directive on a PIL filed by advocate A P Suryaprakasam, who cited the state dairy development minister’s remarks last year against private milk manufacturers, and demanded direction to the state government to enhance the punishment for adulteration of milk and milk products.
“We direct the authorities represented by the nodal officer, who is present in the Court today, to step up the process of search, surveys and investigation and launch more such prosecution cases, so that those who indulge in such illegal and criminal acts of selling adulterated food and milk in the state are dealt with strongly,” said the bench.

In her report, Amudha had stated that 1,273 milk samples from all 32 districts were lifted and analysed, but no sample had been found unsafe. However, 289 samples were found to be of substandard or misbranded.
Stating that between August 5, 2011, and October 31, 2018, at least 210 civil cases were launched, the officer said that 177 of them ended in conviction. Till October 2018 Rs 18.57 lakh was collected as fine, she said.
In the case of milk products, during the same period 22 criminal cases were launched out of which 5 ended in conviction. A sum of Rs 1 lakh was collected as fine. Total of 158 civil cases were launched against the offenders, and 126 ended in conviction. A sum of Rs 21.2 lakh was collected as fine amount from them, Amudha said.
The judges, calling for a more comprehensive and detailed report on the matter, adjourned the hearing of the case after four weeks and asked the authorities to take proactive steps to produce more comprehensive and a detailed report by January 21, 2019.

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