New Delhi, Nov 07: In a major relief to Kashmir-based Khyber Agro Farms Pvt Limited, the Supreme Court of India has set aside J&K High Court’s order imposing Rs 20 crore penalty on it.
A three judge bench led by Chief Justice, Deepak Misra on October 30 set aside the J&K HC order observing that the condition imposed by the Court directing the appellant to deposit the amount was “uncalled for”.
“Having heard learned counsel for the parties, we are of the considered opinion that the condition imposed by the Court directing the appellant to deposit the amount is uncalled for. The same is accordingly set aside. As far as other directions are concerned, the Court shall proceed in accordance with the food safety act 2006” the apex court observed.
“Having perused the impugned order and keeping in view the facts and circumstances of the present case, we are of the considered opinion that the Court be requested to pass an appropriate order, if required, so that the law relating to Adulteration and the Food Safety and Standards Act, 2006 is followed with all earnestness,” the order added.
The appeal on behalf of Khyber Milk was argued by Senior Advocate, Zaffar A Shah, who challenged the orders dated 23.12.2013, 24.03.2014 and 30.01.2014.
"We believe that justice has been done", a Khyber spokesman said.
Khyber, ever since the controversy began, had maintained that the company has been a “victim of a motivated campaign”.
The company maintained that the samples were mishandled and not collected as per the food safety requirements, thus taking no responsibility of the milk sample results. It has also filled for additional evidence in the Case.
In 2016 the company had to stop processing milk for one month due to repeated “false allegations and motivations”.
“Ever since various samples of Khyber milk are being tested and have found to be in accordance with the food safety standards,” the spokesperson for Khyber milk said.
“Under food safety sampling procedures, the sample is divided into four parts and marked and sealed or fastened up. As its nature permits and the signature or thumb impression of the person from whom the sample has to be taken in such place and in such manner as may be prescribed by the Central Government. After that he has to send one of the parts for analysis to the local food laboratory and two part for safe custody and remaining part for analysis to an accredited laboratory. Provided that if the test reports received from local food laboratory and aggregated laboratory are found to be at variance, then the Designated Officer shall send one part of the sample kept in his custody, to referral laboratory for analysis, whose decision thereon shall be final,” Khyber milk said in a statement.
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