AI Structured Summary
Not yet generated for this judgment
Judgment
Food Safety and Security Act, 2006 which was not implemented for a long time now with the intervention of the Court, its implementation is in
progress. Commissioner of Food Safety has been created and supporting staff has also been sanctioned. Appointment/posting of Commissioner of
Food Safety is still awaited.
Learned AAG states that likely in near future a suitable officer will be posted. Respondents shall ensure that a suitable officer is posted and
report compliance by or before next date.
Regarding Food Safety Tribunals, the staff has been sanctioned, 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 Presiding Officer of the two Tribunals have filed the status report stating therein 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.
In the order dated 10th July 2017, certain deficiencies were pointed out which were to be made good. According to Mr. Dar, learned AAG the
deficiencies have been made good. In order to verify the same fact Dr. Laliitha R. Gowda and Shri Shailender Kumar who had appeared on behalf
of the FSSAI shall visit and verify the same. However in case of their nonavailability 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
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.
According to Assistant Commissioner, Food Safety and Security, Srinagar on an information they had inspected two enterprises one running
under the style of Idrees Enterprises at Bagi-Ali Mardan Khan, Srinagar and another unlicensed running at Mughal Mohalla, Rainwari, Srinagar
which is stated to be owned by one Bashir Ahmad Makroo, some 45 Quintals of material has been seized which according to Assistant
Commissioner, Food Safety and Security, Srinagar was to be used for adulteration purposes while testing the same on spot as per interim report
those were found to be hazardous and were send to Food Analysis Lab, Kashmir and the said Units were sealed. Further course of action will be
taken on receipt of the report.
We direct 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 this Court and de-sealing shall not be allowed until further orders from this 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.
We direct Assistant Commissioners, Food Safety and Security of all the District of the State to submit a detailed list of registered/licensee
enterprises dealing with spices and other food articles of their respective Districts, in addition shall also submit a list of Enterprises which are
running without any registration/license and in case found so, they shall also be sealed on the spot by Assistant Commissioner of the respective
District and to submit a compliance report by or before next date
Learned Amicus Curiae with all anguish projected and highlighted that on pavements some vendors are selling open food totally dangerous for
human consumption still no action has been taken against them. We impress upon all Assistant Commissioners, Food Safety and Security, as well
as Commissioner, Srinagar Municipal Corporation to ensure that samples of food articles are taken and tested forthwith and to take follow up
action which may include penal as well as preventive and to report compliance.
On next date Commissioner Food Safety Act, Commissioner, Srinagar Municipal Corporation and Assistant Commissioner, Food Safety and
Security, Srinagar shall remain present in the Court to make suggestions and the plan of action for controlling sale, storage, stockage of all such
adultered food articles.
Mr. Ateeb Kanth, Advocate submits that a concern is raised viz-a-viz sale and manufacture of Bakery products they want to file an
application, shall do so with copy in advance to learned counsel for the respondents. List on 28th February 2018, in the regular cause list. Copy of
the order be supplied to learned counsel for the parties under the seal and Signatures of Bench Secretary.