Fayaz Bukhari
SRINAGAR, June 5: Government has failed to provide any Standing Counsel to the Food Safety Department Budgam for the prosecution of Khyber Agro Farms Pvt Ltd, whose toned milk was last year found contaminated with detergent and was declared unsafe for human consumption.
The Food Safety Department produced challan before the court of Judicial Magistrate, Budgam in March this year against the Khyber Agro Farms Pvt Ltd and so far the Government has not appointed any Standing Counsel for the department to prosecute them.
The Judicial Magistrate Budgam, Gouhar Hussain Sheikh, today asked the Food Safety Department to appoint a Standing Counsel. After failing to produce Standing Counsel for third time since the challan was filed by the Food Safety Officer Budgam, the Judicial Magistrate today observed: “Is the department so poor that they can’t afford a Standing Counsel?”
The Judicial Magistrate asked the Standing Counsel Budgam: “You submit an application before the court and we will appoint a Standing Counsel for you (department).”
The Standing Counsel has not been appointed by the government despite repeated letters from Food Safety Department Budgam.
A copy of the letter received in the Commissioner Food Safety Office (No. SFO Budgam/10/14 dated 15/04/2014) from Food Safety Officer Budgam and addressed to Designated Food Safety Officer Budgam has sought engagement of a Standing Counsel for pleading the case against Khyber.
The letter says: “The case is listed before the Hon’ble court of First Class Magistrate on 20/04/2014. The court while hearing the case directed the undersigned to engage a Standing Counsel for pleading the case on behalf of the department. As such it is requested to take up the matter with the higher authorities so that the services of the Standing Counsel are made available on next date of hearing, May 2, 2014.”
However, the Government didn’t provide any Standing Counsel to the department for pleading the case against Khyber. Another communication (dated 26/05/2014) received at Food Safety Commissioner’s office reads: “The Hon’ble court has given final opportunity to appoint Standing Counsel for the case, otherwise case will be closed.”
Earlier instead of producing challan against the owners of the company, the department produced challan against one Mohammad Shafi Gania son of Late Ghulam Mohammad Gania resident of Raipora Lar Ganderbal, presently at Larson Ganderbal, In-Charge Operations nominated person for M/s Khyber Agro Farms Pvt Ltd village Ladhoo Letpora Tehsil Pampore Pulwama.
The Khyber Pro-biotic curd whose sample was lifted in March this year by Srinagar Municipal Corporation was also found unsafe by the Central Laboratory Kolkatta. “The sample (Khyber Pro-Active Pro-biotic Dahi-pasteurized toned milk) does not conform to the standard laid down under regulation number 2.1-2.1.4 (1) of Food Safety and Standards regulations, 2011 as it shows presence of Detergent in it”, says the CFL Kolkatta report (No. G.14-6/DO/2014-205 dated May 2, 2014)
Instead of taking any action against the Food Companies whose products were found unsafe, Government targeted the whistle blower officer of the SMC, Dr Shafaqat Khan, and transferred him prematurely. Khan joined the SMC on September 14 last year and was transferred from SMC on May 28 after a tirade against him by some powerful food processing companies whose products were found adulterated and unsafe by human consumption by CFL Kolkatta.
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