Srinagar, May 22: The High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed by representatives of the Banaskantha District Cooperative Milk Producers’ Union Ltd (Amul), holding that public health and consumer safety cannot be compromised for commercial interests or procedural technicalities.
A single bench of Justice Wasim Sadiq Nargal vacated all interim stay orders and directed the Chief Judicial Magistrate (CJM), Shopian, to proceed with the criminal complaint expeditiously.
The case pertains to a sample of “Amul Taza Homogenized Toned Milk” lifted by a Food Safety Officer in Shopian. While an initial report by a regional food analyst declared the sample to be of standard quality, the Designated Officer observed that crucial parameters, including heavy metals, antibiotic residues and pesticide residues, had not been examined.
Subsequently, the second part of the sample was referred under Rule 2.4.3 of the Food Safety and Standards Rules, 2011, to the Referral Food Laboratory at the National Dairy Development Board (NDDB), Anand, Gujarat, which declared the milk sample “unsafe” for human consumption.
Following the referral laboratory report, a criminal complaint was filed against the company’s representatives, including its Managing Director.
The petitioners had approached the High Court under Section 482 CrPC seeking quashing of the complaint and the cognizance order passed by the CJM Shopian, contending that they were not granted a prior hearing and questioning the legality of the referral process.
Rejecting the plea, the court held that the Referral Laboratory constituted under the Food Safety and Standards Act, 2006, is the final statutory scientific authority and its findings override the initial analyst’s report.
The court observed that the matter involved serious concerns relating to public health, particularly as milk is consumed extensively by children and infants.
“The matter concerns public health and safety and, therefore, cannot be permitted to linger indefinitely. Once the statutory Referral Laboratory, after detailed scientific examination, declared the sample unsafe, the matter transcended a mere dispute between the parties and became an issue directly affecting public health and public safety,” the court observed.
The court further said it could not permit dilution of statutory safeguards meant for consumer protection, especially in cases involving food products consumed by children.
Justice Nargal also observed that the court was not inclined to continue interim protection “even for a single day more,” noting that the stay operating since April 2022 had stalled proceedings in a matter involving significant public concern.
The High Court held that the material on record prima facie disclosed offences punishable under Section 59 of the Food Safety and Standards Act and said the matter requires full-fledged trial before the competent court.
The court also rejected the contention that the Managing Director enjoyed blanket immunity under Section 66 of the Act, observing that issues relating to responsibility and compliance would be examined during trial.
The CJM Shopian has been directed to conclude the trial strictly in accordance with law, preferably within six months. Both parties have been asked to appear before the trial court on July 10, 2026. Advocate Reyaz Ahmad Mir appeared for the petitioners, while Deputy Advocate General Hakim Aman Ali represented the Union Territory of J&K.
