High Court asks food safety dept to prosecute people involved in food adulteration

Holding that the offence of selling adulterated food must be seriously viewed as it infringes the fundamental right of a citizen ensured under Article 21 of the Constitution, the Madras High Court directed the State Food Safety Department to direct its officials to take stringent action against people who are involved in food adulteration.

Justice SM Subramaniam had passed a direction on disposing of a writ petition filed by K Manohar. The petitioner prayed for quashing an order of imposing passed by the food safety department against him for allegedly selling adulterated ‘Dhaniya Whole’.

However, the judge wondered that how officials have merely imposed a penalty amount on the petitioner instead of initiating prosecution as per the Food Safety and Standards Act, 2006.

“This food safety department and its functioning are to be improved, so as to ensure that adequate awareness and sensitiveness are created and prosecutions are launched against the traders, who have been involved in such food adulterations. Also, such prosecutions must be made effectively and by following the procedures, so as to see that the offenders are convicted,” the Justice Subramaniam held.

The judge further said that mere collection of samples and testing by the department is insufficient.

“It is unfortunate that the department is not able to provide any data regarding the conviction of offenders in this field,” the court expressed its dissatisfaction.

After rejecting the petitioner’s plea, the judge directed the Commissioner of Food Safety to issue appropriate orders so as to ensure WhatsApp complaint numbers, telephone numbers, and e-mail addresses are boldly displayed in front of all the commercial places and restaurants in a visible manner, facilitating the general public and consumers to register their complaints.

“The Commissioner of Food Safety is directed to sensitise the subordinates, issue directions, fixing outer time limits for initiation of action in respect of the complaint registered and initiate prosecution. If there is any lapse or negligence is taking action by the officials, they shall be prosecuted as per law,” the court said in its order.

The HC also asked the food safety department to create awareness through visual and press media, so as to solicit the public attention and explain the ill consequences in the event of consuming the adulterated food products.