Take action against Khyber: Principal Judge to Commissioner Food Safety

Says Khyber milk was tested unsafe thrice, reserves judgment

Budgam, April 9: A local court here in Budgam on Saturday asked that why didn’t Commissioner Food Safety took action against Khyber as per the Act when its milk was tested unsafe thrice.

According to GNS, Principal District and Sessions Judge Budgam, Mohammad Yusuf Wani reserved the verdict on the petition filed by the M/s Khyber Agro Farms Private Limited, challenging the order of the Sub-Judge Budgam, Imtiaz Ahmad Lone.

Lone in his judgment had said: “The Commissioner Food and Safety shall immediately take all steps in ensuring that the convicted company is closed or products are taken off from the market unless Referral Laboratory Kolkata declares that the products of the convicted company as safe to consume and products manufactured by the convicted company do not harm the nation as is proved by the medical report submitted by the SKIMS.”

Wani while reserving the verdict observed: “If Commissioner Food Safety had powers why didn’t he take action as per the act when the milk products of the company were declared unsafe by referral laboratory thrice.”

Principal District and Sessions Judge Budgam made these observations when the counsel for the Food Safety Department, Advocate Javed Mohammad Hubbi informed the court that Khyber Milk was declared unsafe for human consumption by the referral labs thrice.

He said that two more cases of similar nature are in the court of Municipal Magistrate Srinagar against the company. He told the court that another case against the company is pending before the High Court in which court had issued show cause notice to it for imposing Rs 10 crores as damages for manufacturing adulterated food items.

Senior Advocate of Jammu and Kashmir High Court, Zafar Ahmad Shah, argued that the judgment of the Sub-Judge is bad in law and can’t sustain in the eyes of law. He argued that proper procedure was not followed during sampling.

Advocate Hubbi argued that report of the referral laboratory is final and conclusive. He said that it is a social issue and involves lives of lakhs of people and argued that the judgment of the sub-judge has no legal lacunae.