Food adulteration heinous act
SRINAGAR, Apr 11: Principal Sessions Judge Budgam, Mohammad Yousuf Wani, while observing that food adulteration is heinous act and doesn’t admit any laxity, directed the authorities to review and evaluate the safety and standards of food items manufactured and processed by M/S Khyber Agro Farms Pvt Ltd strictly in accordance with Food Safety Act.
Court while taking a dig at food adulteration observed that this heinous act is not only a grave offence but also a ‘religious and moral’ sin and does not admit of any laxity. Referring the Article 21 which enshrines guarantee of right to live with dignity, court said the right to live with human dignity especially and priority includes in it the right to have a healthy living.
Khyber challenged the conviction and sentence order passed by Sub-Judge Budgam, Imtiaz Ahmad Lone, against Khyber for manufacturing sub-standard, mis-branded and un-safe food items, before Principal Sessions Judge Budgam.
The Principal Sessions Judge Budgam while staying the judgment of sub-judge, directed the Food Safety Commissioner that he and other competent authorities under the Act and the rules shall be within their statutory powers to take appropriate action under the Act, if the results of the assessment or analysis so warrant.
“This order shall not also be construed as a halt on the powers of Commissioner of Food Safety of the State or his other subordinate competent officers to initiate disciplinary action against any of its officers or officials in the backdrop of the impugned judgment, if they so desire as the said power already vests with them under service laws in-vogue”, appellate court directed.
The trial court in its recent judgment had directed the Commissioner Food Safety to immediately take all steps in ensuring that the M/S Khyber Agro are closed or taken off from the market unless Referral Laboratory Kolkata declares that the products of the convicted company as safe to consume.
Trial court had also imposed Rs 5 lakhs penalty on the company for Sub-Standard food, Rs 3 lakhs for mis-branded food and Rs 1 lakh for making un-safe food and supplying the adulterated food items to the consumers and marketers and 6 months imprisonment to the In-charge of the company as sentence and conviction.
Appellate court stayed the judgment passed by the Sub-Judge to the extent of sentence (penalty of Rs 9 lakhs) and conviction (imprisonment of 6 months) against the company and set the accused (In charge of company) on bail subject to furnishing of bail and personal bonds of Rs. 50000 with the rider that the accused assures punctuality at the proceedings of the main appeal and assure his ab-stance from the commission of any offences punishable under the Act.
Appellate court also said that main objective of food safety standard bill provide for systematic scientific development of food processing in the State and the establishment of food safety and standard authority of India is also the main objective of the Act which is entrusted with the fixing of food standards and regulating or monitoring the manufacture, import, processing, distribution and sale of food to ensure safe and wholesome food for the people of India.
Court also impressed upon the State to raise the level of nutrition and standard of living and to improve public health as is enshrined in Article 47 of the Constitution as also directive principals of the State policy also provide for improving public health.
Court held the major threat to the public health as the food stuffs including milk is sold by pity manufacturers, retailers, hawkers, wandering and roaming vendors as court said these persons escape the surveillance by the authorities under the Act.
“It is expected that the Commissioner of Food Safety and his subordinate competent officers may devote their attention and keep the said persons also under their surveillance”, court said while disposing of the interim application of accused company.
It is worthwhile to mention here that the apex court of the State in 2013 had already imposed Rs 10 crores penalty on Khyber for after its food items were found substandard and adulterated.
It may be also mentioned here that the trial court (Sub-Judge) rapped the officers of Food Safety department for failure of performing their duty which the trial court said has given clean chit in favour of the accused company and in other companies.
Court also held some of the officers of the department as ‘dead wood’ and ‘dishonest’ and advised for removing of such officers from the assignment which has been assigned to them and further court added that action be initiated against such kind of officers.
Trial court while convicting and sentencing the accused company had felt pain to describe as to how society has been and is being subjected to silent injury by permitting convicted company to earn profit at the costs of the lives of the nation only God knows how many people might have died by consuming detergents in the ‘Khyber Toned Milk’.
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