Excelsior Correspondent
SRINAGAR, Dec 31: A local court convicted a manufacturing company and its distributor for supplying substandard and unsafe food among the public and imposed fine of Rs 6 lakhs and 6 months of imprisonment on them.
Judicial Magistrate Budgam, Imtiyaz Ahmad Lone, while holding the manufacturer of the food item and its distributor responsible for committing the offence under Food Safety and Standard Act convicted both the accused persons.
They duo were convicted for manufacturing and distributing Turmeric Power Z-Gold that was found substandard and unsafe by a local laboratory as well as Referral Laboratory Calcutta. The samples of this product were taken from main market Beerwah in Budgam in September 2013.
“Therefore, accused company Rajiv Khera Son of Laty Om Prakash Khera R/o Amritsar 15 Basant Avenue Punjab, Manufacturer / Processor / Packed by Shiv Shanker Udyog V.P.O Chati Wind Taramtam Road Amritsar-143001 Punjab C/o M/s Ishar Dass Chaman Lal Dhab Wastiran Amritsar-143001. And Syed Ibrahim Rizvi Son of Late Haji Mohammad Abdullah Rizvi R/o Magam M/s RCF Wholesale are accordingly convicted for the commission of offences under Sections 51,59 of FSS, Act-2006 for Penalty for sub-standard food, a fine of Rs 5.00 lacs each and Penalty for unsafe food a fine of Rs. 1.00 lakh and 6 months of imprisonment to the accused No.2 & 3”, read the conviction order passed by the court.
The court found one person not guilty and acquitted him from the allegation leveled against him. “Keeping in consideration the bonafide’s of the accused No.1 and inability to conduct test or having any means and modes available to ascertain the genuineness of the product , the benefit of doubt therefore, is extended to the accused No.1 as the Court is required to fix the liability if offence is proved, therefore, accused No.1 is acquitted from the charges leveled against him through the medium of the present complaint “, Lone said.
Court set aside the bail bonds of the accused company through its nominated person and ordered to pay the awarded fine.
Court before parting with the judgment has opted for certain observations which as per the court are necessary not for the particular person but for the general public and for the safety of the nation.
“The manner, style and dedication displayed by the Complainant namely Sakeena Bano (Food Safety Officer, Beerwah) this court is very much impressed and all the orders passed till date by this court shall merge with this final judgment that she needs appreciation and to be appreciated by the higher ups as well for conducting neat, clean and transparent investigation into the mater”, court observed.
Court also directed that a notice be served upon the accused persons under Section33 of the FSS Act separately that why the appropriate orders in terms of Section33 may not be passed against them.
Court by giving the reference of scientific analysis about the consumption of food mixed with lead said the constant consumption leads to various fatal diseases as well as is one of the causes for involving a human beings with the disease called cancer.
Court also reminded that the instant case is not first case where it has come to the surface that various products manufactured by the companies contains lead in Turmeric Powder, detergent in Milk, urea and other dangerous chemicals in other eatable products and in this behalf prosecution has been launched against the accused persons.
The Court said: “Whereas this court in M/S Khyber Agro Farms Pvt. Ltd Village Ladhoo Lethpora case has convicted the company for providing detergent in the Milk product.”
“The various companies are facing similar cases before various courts, therefore, the presumption of innocence in favour of the accused company is ruled out. The Apex Court of the State has also taken cognizance Suo moto against the same offences”, Judicial Magistrate said.
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