SRINAGAR 04 Jun : The High Court of Jammu Kashmir and Ladakh has refused to quash criminal proceedings against officials of a Gujarat-based milk producers’ union supplying Amul milk, holding that public health concerns must prevail over commercial interests in cases involving allegedly unsafe food products.
Justice Wasim Sadiq Nargal dismissed a petition filed by representatives of Banaskantha District Cooperative Milk Producers’ Union Ltd., Gujarat, challenging a complaint pending before the Chief Judicial Magistrate, Shopian, and the cognisance order issued on October 7, 2021.
The case arose after food safety authorities in Shopian collected samples of “Amul Taza Homogenised Toned Milk” for laboratory testing. According to court records, the initial report issued by the Food Analyst, Kashmir Division, on October 27, 2020 had declared the sample to be of “standard quality”.
However, the Designated Officer later referred the sample to a Referral Laboratory at the National Dairy Development Board, Anand, Gujarat, after observing that crucial parameters such as antibiotic residue, pesticide residue and heavy metals had not been tested in the first analysis.
The referral laboratory subsequently declared the milk sample “unsafe” under provisions of the Food Safety and Standards Act, prompting the filing of a criminal complaint against company officials.
The petitioners argued before the court that the referral of the sample was illegal because the Designated Officer had not recorded reasons in writing as required under Rule 2.4.3 of the Food Safety and Standards Rules, 2011. They also contended that the sample was sent to the referral laboratory without giving them an opportunity of being heard.
Rejecting the plea, the court held that the record clearly showed that written reasons had been recorded before referring the sample for further analysis. The judgment observed that the first report was incomplete because important safety parameters had not been examined.
“The authorities entrusted with implementation of the Food Safety and Standards Act cannot be expected to mechanically accept an incomplete report when important safety parameters affecting human health remain unexamined,” the court said.
The court further ruled that the law does not require a prior hearing before a sample is referred to a referral laboratory and held that the report of the referral laboratory carries overriding effect under the statutory framework.
Justice Nargal also rejected the contention that the Managing Director of the company could not be prosecuted because another officer had been nominated for food safety responsibilities. The court held that questions regarding knowledge, negligence or due diligence could only be examined during trial.
Emphasising the importance of food safety, the court observed that milk is consumed daily by children, infants, pregnant women and elderly persons, and contaminated milk products could have “serious and irreversible consequences” on public health.
Citing the Supreme Court judgment in Vincent Panikurlangara v. Union of India, the High Court said maintenance and improvement of public health rank among the highest constitutional priorities.
The court vacated the interim stay that had been operating since April 2022 and directed the Chief Judicial Magistrate, Shopian, to proceed with the trial expeditiously, preferably within six months.
Both parties have been directed to appear before the trial court on July 10, 2026.
