Skip to main content

SC urges life term for milk adulterators

The Supreme Court yesterday urged state governments to consider making necessary amendments to the law to make production and marketing of adulterated milk, which is injurious to human consumption, an offence punishable with life imprisonment.

The observation by a bench of Justice K S Radhakrishnan and Justice A K Sikri came after it took note of Uttar Pradesh, West Bengal and Odisha having made the sale of adulterated milk, contaminated with synthetic material, an offence punishable with life imprisonment.

“That shows the seriousness of the offence. That is why they have made it punishable by life imprisonment. Adulterated milk having synthetic material is harmful to heart, lungs, liver and is even cancerous. It also affects ladies, also those pregnant,” observed Justice Radhakrishnan.

Asking the states to make more stringent the law to deal with production and sale of milk which is harmful to human beings, the court observed that the maximum punishment of six months for such offences under the Food Safety and Standards Act was grossly inadequate.

The court was hearing a public suit by Haridwar-based Swami Achyutanand, which said samples collected by the Food Safety and Standards Authority of India in 2011 revealed large-scale sale of adulterated milk across the country. As petitioner’s counsel Anurag Tomar questioned the size of the sample, the court asked him what information was available with him. “You can’t just file a PIL (based on a report) and leave the rest to the court.”

Seeking the details of prosecution launched in the cases of milk adulteration having synthetic material and the number of convictions, the court said though every year thousands of tonnes of sweets are seized and destroyed during festive season of Diwali and Holi, they are not accompanied with prosecution of those involved in making and selling adulterated sweets.

“What happened to those cases? That should be told to us,” observed Justice Sikri. “It is happening. If (state is) not able to apprehend or detect, then it is a failure of the food department.”

“Without a drop of milk, they can make milk,” observed Justice Radhakrishnan.

Mocking the reports by Delhi, Haryana, Rajasthan and Uttar Pradesh governments which said that most of the cases of milk adulteration involved mixing of water and powder, the court said: “We are not happy with the details given in the affidavits.”

“On paper, everything is good but the ground reality is different,” observed Justice Sikri.

Referring to a report by NGO VOICE that said synthetic milk with synthetic materials like caustic soda, blotting paper, detergents, including white paint to make it look white, were being used, the court said that none of the adulterated samples revealed this kind of adulteration.

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...