SC stays trial court order

Food adulteration case

SRINAGAR: Supreme Court Monday stayed the trial court orders against two private food manufacturing companies of Kashmir which were penalized and also feared closure.

The division bench of Supreme Court while staying the series of orders passed by the Jammu and Kashmir High Court against the Kyhber Milk Processing Plant and Rehmat Spice Processing Plant observed: “The J&K High Court should not proceed in the matter of PIL No 1/2012 when the Supreme Court is hearing the appeal.”

Senior counsel, Zaffar Shah, who appeared on behalf of the two private companies, said that the Apex court passed the order in light of series of orders including Rs 10 crore penalties on each company passed by the state High Court.

Both the companies had approached the Apex Court with their appeals against the trial court orders.

After hearing State respondents and the counsel of the companies, the Apex Court posted the matter for further consideration in August 2014.

Earlier, a three judge bench of the Supreme Court stayed the trial order dated February 13, 2014. The Court had observed that the High Court should not have proceeded in the matter when the Supreme Court was hearing the appeal.

The High Court had asked the government to submit analysis reports of samples lifted from food items marketed by these companies in compliance of order dated February 13, 2014.

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, Khyber and Kanwal. The third company was Delhi-based Avon Agro Industries Pvt Ltd.

However, the Apex Court stayed that order of imposing Rs 10 crore on these companies which had been challenged by Khyber Agro Milk Farms Limited and the petitioner company was asked to approach the Jammu and Kashmir High Court for its vacation.

A Public Interest Litigation (PIL) regarding food safety has been submitted in the court seeking directions to the state for enforcing Food Safety Standards Act, 2006 and rules made there under with reasonable promptitude.

On February 25, the High Court directed the government to lift samples from the milk marketed by M/S Khyber Agro Milk Farms once a week and forward the same to laboratory for analysis and file report in the Court.

While as on April 7, the Court directed Commissioner Food Safety to constitute a panel of experts to inspect the milk processing unit of Khyber Agro Milk Farms and file a comprehensive report by the next date of hearing on April 28.