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Khyber, Kanwal, Avon must deposit Rs 10 crore with Dir SKIMS: HC
Food adulteration
12/23/2013 10:26:40 PM
S Sabaqat

SRINAGAR, Dec 23 : High Court today directed Khyber, manufacturers of tonned milk, Kanwal Agro Food Industry and 'AVON Agro Industries Pvt Ltd', a New Delhi based company to deposit within two weeks Rs 10 crore each with Director SKIMS.
"We deem it appropriate to direct the owners/ Managing Directors of the above said companies to deposit the amount of Rs 10 crore each with the Director SKIMS, Soura Srinagar within two weeks from today," bench said, adding, "The Director SKIMS to keep this amount in a separate account and to wait for further orders from the court for its utilization."
The directions were issued by a Division Bench comprising Justice Muzaffar Hussain Attar and Justice Tashi Rabstan after perusing documents submitted by Deputy Commissioner Food Safety Kashmir. Documents revealed that as per reports from Central Food Laboratory, Kolkata, tonned Khyber Milk (lot no. MD E S P 17), turmeric powder which is manufactured by AVON Agro Industries and Saunf powder manufactured and marketed by Kanwal (batch-P21/B6) were found unsafe for human consumption.
Court was hearing a PIL-Sheikh Ayoub Vs State- seeking implementation of Food Safety and Standard Act 2006 (FSSA) to check food adulteration in the state. In October this year, the High Court had directed Chief Secretary Chief Secretary to take a complete review of the ground realities about the implementation of Food Safety and Standard Act in the state. "The mechanism of taking samples by the Food Safety Officers is absolutely unsatisfactory as is revealed before us by Sheikh Zameer, Food Safety Officer Anantnag," the bench had said, adding, "We have asked him certain questions and the answer given is much to desire. Accordingly we direct Registrar Judicial to record his statement and place it on the record of the case with regard to prevalence of adulteration in the food items in the state."
The Food Officer Anantnag had revealed before the court that there is no effective mechanism to check the adulterated food items in the state.
The issue which has attracted the attention of the court, bench had said, is that the Designated Officer within the meaning of Food Safety Act has not been appointed and according to the provisions, the designated officer has to be whole time officer not below the rank of sub divisional officer or equivalent.
"It appears that our earlier observations that the provisions of the Act and Rules are observed in breach rather in compliance as fortified at the hearing today," the court had said, adding, "There is complete go by to the provisions of Act and the rules as has been revealed before us by the procedure adopted for taking samples, checking, testing and stock in respect of the food item which has been found misbranded."
There is no effective mechanism is place as been disclosed by food safety officer Anantnag for confiscating the adulterated food if found inconsumable, the court had said. Meanwhile the court also directed respondents to ensure that provisions of Food Safety Act are implemented in letter and spirit.
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