“Lifting of samples on regular basis and testing, launching of prosecution is good but something more is required to be done by the authorities concerned. Simply launching of prosecution and lifting of samples is not to cure the disease, some prohibitory including preventive measures are required to be taken.”
Srinagar—Observing that lifting of samples and launching prosecution was not enough, the High Court has stressed need for prohibitory measures for strict implementation of Food Safety and Security Act which essentially ensures prevents food adulteration in the state.
“Lifting of samples on regular basis and testing, launching of prosecution is good but something more is required to be done by the authorities concerned. Simply launching of prosecution and lifting of samples is not to cure the disease, some prohibitory including preventive measures are required to be taken,” a division bench of the court comprsing Justice Mohammad Yaqoob Mir and Ali Mohammad Magrey said while hearing a Public Interest Litifation.
The division bench observed that Food Safety and Security Act, 2006, which was not implemented for a long time, is now in its implementation with the intervention of the Court.
Regarding Food Safety Tribunals, the government informed the court that the staff has been sanctioned and the process for selection has also been initiated by the Service Selection Board. “We have already directed Chairman, Service Selection Board to expedite the selection process,” the court said.
The Presiding Officer of the two Tribunals, court said, have filed the status report stating that some staff has been posted but in Appellate Tribunal, Srinagar no Stenographer has been posted, without Stenographer it shall be very difficult for the Presiding Officer to dispose of the matter. “The respondents shall ensure that by way of an interim arrangement some Senior Stenographer is posted in the said Tribunal,” the court said.
In the order dated 10 July 2017, certain deficiencies were pointed out which were to be made good, the court said.
According to AAG, the deficiencies have been made good and in order to verify the same fact,the court directed Dr. Laliitha R. Gowda and Shailender Kumar who had appeared on behalf of the FSSAI shall visit and verify the same. “However in case of their non-availability some suitable officers shall be deputed by the Food Safety Authority and to report as to whether the deficiencies as were pointed out by them have been made good or not.”
The court also directed Assistant Commissioner, Food Safety and Security, Srinagar that whatever report shall be received from the Food Analysis Lab, Kashmir copy of the same shall be placed before it and de-sealing of the spice units shall not be allowed until further orders from the Court.
“Keeping in view the astonishing situation we are persuaded to issue a direction to all the Assistant Commissioners, Food Safety and Security of Jammu and Kashmir and to all concerned authorities of the Department including the Municipal Corporation to take swift action so as to control supply and sale of adulterated spices and other food articles,” the court added.
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