Kashmir Impulse Desk

Srinagar, May 22 

The High Court of Jammu and Kashmir and Ladakh Friday refused to quash criminal proceedings against representatives of a Gujarat-based milk producers’ cooperative over an allegedly unsafe milk sample, saying contaminated milk products can have “serious and irreversible” consequences for human health, particularly for children.

Justice Wasim Sadiq Nargal passed the order while dismissing a petition filed by representatives of M/s Banaskantha District Cooperative Milk Producers’ Union Ltd, Gujarat, challenging a complaint pending before the Chief Judicial Magistrate, Shopian, along with a cognizance order issued on October 7, 2021.

“The present case relates to the safety of milk, which is consumed every day by children, infants, pregnant women, elderly persons, patients and the general public,” the court said, adding that public health must take precedence over private commercial interests.

The court observed that contaminated milk has the potential to seriously affect human health and could cause long-term and irreversible consequences, especially among children whose growth and immunity depend on safe and nutritious food.

“Therefore, issues concerning food safety cannot be treated lightly or decided merely on technical considerations,” the court said.

The case arose after a sample of “Homogenised Toned Milk” was initially declared of standard quality by the Food Analyst, Kashmir Division. The petitioners argued that authorities had subsequently and illegally referred the sample to a referral laboratory without recording reasons or providing them an opportunity to be heard.

Opposing the plea, the government said the second part of the sample had been sent for further testing in accordance with the Food Safety and Standards Act and no prior hearing was required under the law.

The court upheld that position, holding that the designated officer had acted in accordance with Rule 2.4.3 of the Food Safety and Standards Rules, 2011 by recording reasons in writing before forwarding the sample to the Referral Laboratory at the National Dairy Development Board in Anand, Gujarat.

The court noted that several key parameters, including antibiotic residues, pesticide residues and heavy metals, had not been examined in the initial analysis, prompting authorities to seek comprehensive scientific testing.

It held that the statutory framework empowers authorities to ensure full scientific scrutiny of food products in the larger public interest and that neither the Food Safety and Standards Act nor the Rules require a prior hearing before such a referral.

The bench further observed that once the Referral Laboratory declared the sample unsafe under the relevant provisions of the Food Safety and Standards Act, the earlier report ceased to hold significance, as the referral laboratory is the final scientific authority under the law.

Addressing the petitioners’ argument that the managing director could not be prosecuted because another officer had been nominated for food safety compliance, the court said the managing director, being overall in charge of the company’s affairs, could not claim blanket immunity at the initial stage of proceedings.

The High Court also vacated an interim stay that had been in force since April 21, 2022, saying continuation of such protection in a matter involving allegedly unsafe food products would jeopardise public health.

Concluding that the material on record prima facie disclosed offences punishable under Section 59 of the Food Safety and Standards Act, the court dismissed the petition and directed the Chief Judicial Magistrate, Shopian, to proceed with the trial expeditiously, preferably within six months.