Excelsior Correspondent
Srinagar, May 24: A local court today dismissed the revision petition of M/s Khyber Agro Farms Pvt Ltd seeking the directions against the company passed by court of Sub-Judge Budgam be set aside in its entirety.
The court of District Judge Budgam while dismissing the revision petitions of M/s Agro Farms said the instant revision petition cannot lie when there is already an appeal filed by the company against the judgment of court of Sub-Judge.
Court while considering the revision petition of the company asked the parties to argue regarding the maintainability of the instant petition as this court is already ceased of the appeal filed against the judgment of CJM court and in which interim relief has been granted to the company so far as conviction and penalty part is concerned.
Counsel appearing for the company submitted that the instant revision petition is maintainable as he is seeking only setting aside of allied directions passed by the trial Magistrate which are not in consonance with law.
On the other hand counsel representing prosecution, Advocate Javed Hubbi, vehemently opposed the prayer of petitioner company and submitted before the court that the instant revision petition is not maintainable and deserves outright rejection at this threshold stage with levying of costs on the petitioner company as the relief claimed by the petitioner in the instant revision petition stands already incorporated and claimed in the main appeal.
Court after hearing submission of both the counsels dismissed the revision petition of the company.
Court while staying the conviction and penalty part against the Khyber had in the last month 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 the procedure of Act and Rules governing the field.
Challenging the conviction and sentence order recently passed by Sub-Judge Budgam against Khyber for manufacturing sub-standard, mis-branded and un-safe food items, the Principal Sessions Judge Budgam had 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.
The trial court (Sub-Judge) in its recent judgment had directed the Commissioner Food and Safety to immediately take all steps in ensuring that the convicted company (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 marketeers and 6 months imprisonment to the In-charge of the company as sentence and conviction.
It is worthwhile to mention here that the apex court of the state way back in the year 2013 had already imposed Rs 10 crores for finding various food items of the accused company as substandard and adulterated.
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