Criminal action not mere fine for milk adulteration

A division bench comprising Justice Vineet Kothari and Justice Anita Sumanth before whom the plea moved by advocate AP Suryaprakasam about the State Dairy Minister himself conceding to rampant milk adulteration by private players in the state, slammed the authorities of waking up only after the court intervened.

“Prima facie we find that once the court has taken up the public interest litigation and started monitoring the working of the department, it appears to have undertaken the special drive in December. The number of surveys conducted during the entire period of 2017-18 up to November wherein a mere 47 samples were analysed had gone up to 790 samples in December. Out of 790 samples collected as many as 113 samples were found to be sub-standard, but the action taken report on the above sellers is not there,” the bench said.

However, noting that even criminal trials launched about 6 to 10 months ago have not reached any final stage, the bench said “We prima facie feel that the cases pertaining to food safety should have an urgent priority in the competent courts dealing with such trials also because they directly affect the health and life of the citizens under Article 21 of Constitution of India.”

Asserting that the courts concerned as well as the District Revenue Officers (DROs) dealing with civil proceedings against such sellers give urgent priority to such cases, the bench said, “We therefore direct the Registrar General of Madras High Court to obtain reports from the courts concerned of all districts through the Principle District Judges about the said class of cases of food safety and the number of cases pending in those courts giving year wise break up of such cases to ensure that the trial of such cases receive due and urgent priority at their hands. ”

The bench also directed K Vanaja, Director and Additional Commissioner of Food Safety, to submit a report about the action taken by them either on criminal side or civil side with case wise details as to the quantum of penalty imposed on the erring sellers of milk in each district and also the details of the criminal cases launched against the accused persons in the competent Magistrate courts.

Noting that it would examine the validity of excluding petty food manufacturers later, the bench then posted the plea for further hearing to February 26.