SRINAGAR, Feb 25: Jammu and Kashmir High Court today directed the authorities to conduct the laboratory testing of various food items of Food Processing companies on regular bases and launch prosecution of manufacturers, dealers, distributors whose products are found adulterated.
A Division Bench of the High Court comprising Justice Hasnain Masoodi and Justice Tashi Rabstan today directed the authorities to lift samples of the food products of AVON Agro Industries Pvt Ltd Delhi, Khyber Agro Farms and M/s Kanwal Agro Food Industries Anantnag and send them for testing to reputed Testing Laboratories.
The Court directed the authorities to lift the food items marketed by M/s AVON and M/s Kanwal Agro Food Industries, Anantnag at random at least once in two weeks and also samples from toned milk, skimmed milk, full fat milk or any other type of milk and curd marketed by other companies and forward the lifted samples to notified laboratories within the State and referral laboratory for analysis and produce the result before the Court, and to launch prosecution against the manufacturers, dealers, distributors wherever required in light of the analysis report.
The High Court directed the authorities to ensure that M/s Khyber Agro Milk is prevented from selling the spurious and synthetic milk to the consumers and other two companies, AVON Agro Industries Pvt. Ltd Delhi and M/s Kanwal Agro Food Industries, Anantnag are also made to desist from adding prohibited colouring agents to the food items.
The Bench further directed to lift samples of the tuned milk, skimmed milk, full fat milk, or any other type of milk under whatever name it is marketed and curd marketed by M/s Khyber Agro Farms, at least once in a week and to forward the samples, to laboratory within the State or to the referral laboratory at Pune-41001 or any other laboratory as identified by food authority and to produce the analysis report of the samples so lifted before the Court.
The Bench also directed to inform the Court about the status report of prosecution launched against M/s Khyber Agro Farms Ltd after the receipt analysis reports earlier.
Court observed that having regard to the adulterants added as per the CFL Kolkata report, it prima facie appears that the adulteration is made with design. The adulterated food products are injurious to health and cheaper in cost as, synthetic milk is supplied to the consumers and colouring agent added to the food items.
The Bench also observed that Apex Court of the country has also directed these companies not to sell the products.
In another direction with regard to manpower and infrastructure under the Food Safety and Standards Act,2006, Court directed the State Government to submit status report on next date of hearing indicating therein the staff sanctioned/created and recruited from the date after the Act came into force, and also indicate in the status report the particulars of designated officer for each district and Food Safety Officer and Food Analyst for each local area with their respective territorial jurisdiction.
The Bench observed various direction were issued from time to time but the response to such directions has been lukewarm by and large and not up to the mark. “Resultantly non-availability of manpower and infrastructure contemplated under the Act remains a “paper Tiger” and the general public left at the mercy of unscrupulous manufactures/ dealers/sale/distribution of adulterated food items”, the Court observed.
The Bench was hearing a PIL regarding the menace of food adulteration, where in on last hearing Court had imposed Rs 10 crore to Kyber, AVON and Kanwal for selling and manufacturing adulterated food items. After the Director SKIMS furnished his report about the damages caused by the adulterated food, the Court asked them to show cause why further Rs 10 crore may not be imposed as penalty on them.
Legal enforcement of food safety regulations in J & K is appreciated.
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