Srinagar, Oct 7: Observing that the provisions of Food Safety Act
are not implemented in letter and spirit, the J&K High Court Monday
directed the Chief Secretary to take a complete review of the ground
realities-- officers performing duties under the act, the method of
sampling and further follow up action on the basis misbranded samples.
The court asked the Chief Secretary to file in this regard a complete comprehensive report within 4 weeks.
Passing directions on Public Interest litigation against food adulteration, a division bench of High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar observed the mechanism as unsatisfactory after asking certain questions to Food Safety Officer Islamabad (Anantnag) Sheikh Zamir.
“We asked him certain questions and the answer given is unsatisfactory and accordingly we direct the Registrar Judicial to record his statement and place it on the record of the case with regard to prevalence of adulteration in the food items in the state” the division bench said.
The Court said that the mechanism of taking samples by the Food Safety Officers is absolutely unsatisfactory.
“There is no effective mechanism in place as has been disclosed by food safety officer Anantnag for confiscating the adulterated food if found inconsumable. The provisions of food safety have not been implemented in letter and spirit” the court held.
The court termed the status report filed by Special Secretary Health and Medical Education department in compliance of previous directions as far from satisfactory.
“The issue which has attracted our attention is that the designated officers within the meaning of Food Safety Act have not been appointed and according to the provisions, the designated officer has to be whole time officer not below the rank of sub divisional officer or equivalent” the court said.
After Senior Advocate General, J A Kawoosa pleaded that the present Health Officer SMC has been discharging the duties as designated officer, the court said the officer may or may not answer the qualification given in the act attests the fact that the act is observed in breach.
“It appears that our earlier observations that the provisions of the act and rules are observed in breach rather in compliance is fortified at the hearing today” the court said.
The court held that there is complete go by to the provisions of act and the rules saying the same has been revealed to the court by the procedure adopted for checking, taking samples and testing in respect of the food item which has been found misbranded.
Advocates Sheikh Auoub and Tasaduq khaja pleaded the case as petitioners.
The court asked the Chief Secretary to file in this regard a complete comprehensive report within 4 weeks.
Passing directions on Public Interest litigation against food adulteration, a division bench of High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar observed the mechanism as unsatisfactory after asking certain questions to Food Safety Officer Islamabad (Anantnag) Sheikh Zamir.
“We asked him certain questions and the answer given is unsatisfactory and accordingly we direct the Registrar Judicial to record his statement and place it on the record of the case with regard to prevalence of adulteration in the food items in the state” the division bench said.
The Court said that the mechanism of taking samples by the Food Safety Officers is absolutely unsatisfactory.
“There is no effective mechanism in place as has been disclosed by food safety officer Anantnag for confiscating the adulterated food if found inconsumable. The provisions of food safety have not been implemented in letter and spirit” the court held.
The court termed the status report filed by Special Secretary Health and Medical Education department in compliance of previous directions as far from satisfactory.
“The issue which has attracted our attention is that the designated officers within the meaning of Food Safety Act have not been appointed and according to the provisions, the designated officer has to be whole time officer not below the rank of sub divisional officer or equivalent” the court said.
After Senior Advocate General, J A Kawoosa pleaded that the present Health Officer SMC has been discharging the duties as designated officer, the court said the officer may or may not answer the qualification given in the act attests the fact that the act is observed in breach.
“It appears that our earlier observations that the provisions of the act and rules are observed in breach rather in compliance is fortified at the hearing today” the court said.
The court held that there is complete go by to the provisions of act and the rules saying the same has been revealed to the court by the procedure adopted for checking, taking samples and testing in respect of the food item which has been found misbranded.
Advocates Sheikh Auoub and Tasaduq khaja pleaded the case as petitioners.
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