Fayaz Bukhari
Srinagar, Apr 4: A local court today imposed huge penalty on M/S Khyber Agro Farms Pvt Ltd for making adulterated food items and directed the Commissioner Food Safety to collect samples of all products of the company and other companies for sending them to safety testing.
While appreciating the role of a Food Safety Officer for her honesty, Court observed that Government should declare Food Analyst Kashmir as dead for his dishonesty or incapability. As the Food Analyst has given clean chit to the company, Court has directed the food samples taken should be sent to Referral Laboratory Kolkata for testing.
The Judicial Magistrate (Sub-Judge) Budgam, Imtiaz Ahmad Lone, today imposed Rs 9 lakhs as fine and awarded 6 months imprisonment to M/S Khyber Agro Farms Pvt Ltd for manufacturing sub-standard, mis-branded and unsafe food items and directed for lifting of food samples from this company for testing.
“Therefore, accused company M/S Khyber Agro Farms Pvt Ltd village Ladhoo Tehsil Pampore Pulwama is held guilty and is convicted through its Incharge Operational/nominated person namely Mohammad Shafi Ganie S/o Late Ghulam Nabi Ganie R/o Larson Ganderbal and is accordingly convicted for sections 51,52 and 59 of FSS Act 2006”,Court directed.
Court imposed Rs 5 lakh 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. Court also awarded 6 months imprisonment to the Incharge of the company.
Court in order to prevent further consuming of adulterated and substandard food items by the general public directed Commissioner Food Safety to collect the samples of all food items of the company and other companies for testing.
“….Samples of all milk products, oil, ghee and other edible products available in the market in the name of the convicted company and other companies and shall send it to Referral Laboratory Kolkata for opinion and action as warranted under law be initiated against the company whose product if declared unsafe, mis-branded and sub-standard or otherwise harmful for consumption”, court directed.
“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”, court further directed.
Court while sending these samples to outside the State said the direction for sending the samples to Kolkata Laboratory is issued on as this court lacks trust in present Food analyst Kashmir, Hamidullah Dar.
“This has been brought in the notice of this court that in all cases whether disposed of on account of time bar and under trial the Food Analyst Kashmir (Hamidullah Dar) has given clean chit in favour of the accused company and in favour of the other companies”, reads the court order.
Court said the department has been every time constrained to refer the matter to Referral Laboratory Kolkata, the style and manner displayed by the Food Analyst Kashmir while discharging his duties in all important matter can be judged in to situations one either he (Dar) is incapable to conduct the test or he is dishonest to his job.
Court said in both these circumstances the need of time is to remove the person from the present assignment and process be initiated against him so that he be declared as ‘deadwood’ in the department.
Court observed that “His Style and manner of job is not dangerous to the present nation but it is equally dangerous for those who are yet to born and are being subjected to a treatment which they do not deserve” adding with “I feel pain to describe how our society has been subjected to silent injury by permitting convicted company to earn profit at the costs of the lives of the nation only God knows how many people might have died by consuming detergents in the ‘Khyber Toned Milk’.
Court while disposing of the complaint against Khyber Agro appreciated the Complainant, the Food Safety Officer, Zeenat Ayoub for her honesty. “She has all along remained attached with the proceedings and has followed and prosecuted the case with honesty. Such officer are required for the society and needs to be appreciated”, court said.
Court directed Food Commissioner Safety to immediately take up the matter with the Government for providing best prosecutors for conducting the trial so that court are properly assisted and justice is administered in the manner it is expected to be administered.
Court observed that the ratio of cancer patients is increasing day by day and the reason for such disease, as disclosed by the various local newspapers as well as the medical research conducted, is by consuming adulterated food.
Court while convicting the company forfeited its bail bonds which were furnished by its nominated person and directed to pay the awarded fine as imposed by the court.
Court said the accused company is also 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 product in question and the products is presently before the Supreme court of the country for the same offence”, court order reads.
It is worthwhile to mention here that the High Court of the State had already imposed Rs 10 crores for finding various food items of the accused company as substandard and adulterated.
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