SC-FSSA – Khyber Agro Farms Vs State of J & K – 20 Crore penalty set aside-Oct 30-2017

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SC sets aside Rs 20 cr penalty for Khyber Milk

 

New Delhi, Nov 07:
In a major relief to Kashmir-based Khyber Agro Farms Pvt Limited, the Supreme Court of India has set aside J&K High Court’s order imposing Rs 20 crore penalty on it.
A three judge bench led by Chief Justice, Deepak Misra on October 30 set aside the J&K HC order observing that the condition imposed by the Court directing the appellant to deposit the amount was “uncalled for”.
“Having heard learned counsel for the parties, we are of the considered opinion that the condition imposed by the Court directing the appellant to deposit the amount is uncalled for. The same is accordingly set aside. As far as other directions are concerned, the Court shall proceed in accordance with the food safety act 2006” the apex court observed. 
“Having perused the impugned order and keeping in view the facts and circumstances of the present case, we are of the considered opinion that the Court be requested to pass an appropriate order, if required, so that the law relating to Adulteration and the Food Safety and Standards Act, 2006 is followed with all earnestness,” the order added.
The appeal on behalf of Khyber Milk was argued by Senior Advocate, Zaffar A Shah, who challenged the orders dated 23.12.2013, 24.03.2014 and 30.01.2014.
“We believe that justice has been done”, a Khyber spokesman said.
Khyber, ever since the controversy began, had maintained that the company has been a “victim of a motivated campaign”. 
The company maintained that the samples were mishandled and not collected as per the food safety requirements, thus taking no responsibility of the milk sample results. It has also filled for additional evidence in the Case.
In 2016 the company had to stop processing milk for one month due to repeated “false allegations and motivations”. 
“Ever since various samples of Khyber milk are being tested and have found to be in accordance with the food safety standards,” the spokesperson for Khyber milk said. 
“Under food safety sampling procedures, the sample is divided into four parts and marked and sealed or fastened up. As its nature permits and the signature or thumb impression of the person from whom the sample has to be taken in such place and in such manner as may be prescribed by the Central Government. After that he has to send one of the parts for analysis to the local food laboratory and two part for safe custody and remaining part for analysis to an accredited laboratory. Provided that if the test reports received from local food laboratory and aggregated laboratory are found to be at variance, then the Designated Officer shall send one part of the sample kept in his custody, to referral laboratory for analysis, whose decision thereon shall be final,” Khyber milk said in a statement.
 
 

        JUDGEMENT…….               


                                  IN THE SUPREME COURT OF INDIA
                                   CIVIL APPELLATE JURISDICTION

                                  CIVIL APPEAL No.17971 OF 2017
                             (Arising out of SLP(C)No.3526 of 2014)


     KHYBER AGRO FARMS PVT LTD                                    ........APPELLANT


                                             VERSUS



     THE STATE OF JAMMU AND KASHMIR & ORS.                        .......RESPONDENTS

                                            WITH
                                  CIVIL APPEAL No.17967 OF 2017
                               (Arising out of SLP(C)No.3732 of 2014)
                                  CIVIL APPEAL No.17968 OF 2017
                               (Arising out of SLP(C)No.3734 of 2014)
                                   CIVIL APPEAL No.17969 OF 2017
                               (Arising out of SLP(C)No.11106 of 2014)
                                  CIVIL APPEAL No.17970 OF 2017
                               (Arising out of SLP(C)No.15656 of 2016)

                                           O R D E R

C.A.No.17971/2017 @ SLP(C)No.3526 of 2014 & C.A.No.17969/2017 @ SLP(C)No.11106/2014 In view of the communication received from the Municipal Magistrate, Srinagar, the time to conclude the trial of complaint is extended till the end of February, 2018.

Leave granted.

The present appeals by way of special leave challenges the orders dated 23.12.2013, 24.03.2014 and 30.01.2014 by which the Division Bench of the High Court of Jammu and Kashmir has imposed certain conditions.

Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2017.11.06 13:54:06 TLT Having heard learned counsel for the parties, we are of Reason:

the considered opinion that the condition imposed by the High Court directing the appellant to deposit the amount is uncalled for. The same is accordingly set aside. As far as other directions are concerned, the High Court shall proceed in accordance with law.

The High Court is requested to pass an appropriate order, if required, so that the law relating to Adulteration and the Food Safety and Standards Act, 2006 are followed with all earnestness. If there is any deviation by anyone, needless to say, that the High Court can take notice of the same and pass appropriate orders.

With the aforesaid modification in the impugned order passed by the High Court, the appeals stand disposed of. C.A.No.17967 of 2017 @ SLP(C)No.3732 of 2014 Leave granted.

The present appeal by way of special leave challenges the orders dated 23.12.2013 and 30.01.2014 by which the Division Bench of the High Court of Jammu and Kashmir has imposed certain conditions.

Having heard learned counsel for the parties, we are of the considered opinion that the condition imposed by the High Court directing the appellant to deposit the amount is uncalled for. The same is accordingly set aside. As far as other directions are concerned, the High Court shall proceed in accordance with law.

The High Court is requested to pass an appropriate order, if required, so that the law relating to Adulteration and the Food Safety and Standards Act, 2006 are followed with all earnestness. If there is any deviation by anyone, needless to say, that the High Court can take notice of the same and pass appropriate orders.

With the aforesaid modification in the impugned order passed by the High Court, the appeal stands disposed of. C.A.No.17968 of 2017 @ SLP(C)No.3734 of 2014 Leave granted.

The present appeal by way of special leave challenges the orders dated 23.12.2013 and 30.01.2014 by which the Division Bench of the High Court of Jammu and Kashmir has imposed certain conditions.

Having heard learned counsel for the parties, we are of the considered opinion that the condition imposed by the High Court directing the appellant to deposit the amount is uncalled for. The same is accordingly set aside. As far as other directions are concerned, the High Court shall proceed in accordance with law.

The High Court is requested to pass an appropriate order, if required, so that the law relating to adulteration and the Food Safety and Standards Act, 2006 are followed with all earnestness. If there is any deviation by anyone, needless to say, that the High Court can take notice of the same and pass appropriate orders.

With the aforesaid modification in the impugned order passed by the High Court, the appeal stands disposed of. C.A.No.17970 of 2017 @ SLP(C)No.15656 of 2016 Leave granted.

Having perused the impugned order and keeping in view the facts and circumstances of the present case, we are of the considered opinion that the High Court be requested to pass an appropriate order, if required, so that the law relating to Adulteration and the Food Safety and Standards Act, 2006 is followed with all earnestness. Ordered accordingly. If there is any deviation by anyone, needless to say, that the High Court can take appropriate notice of the same and pass requisite orders.

The interim order passed by this Court on 07.06.2016 shall also remain in force.

The appeal stands disposed of in the above terms.

…………………….CJI. (DIPAK MISRA) ……………………….J. (A.M.KHANWILKAR) ……………………..J. (Dr.D.Y.CHANDRACHUD) NEW DELHI;

OCTOBER 30, 2017.

ITEM NO.6                COURT NO.1                  SECTION XVI -A

                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).3526/2014 (Arising out of impugned final judgment and order dated 30-01-2014 in PIL No.1/2012 passed by the High Court of Jammu & Kashmir at Srinagar) KHYBER AGRO FARMS PVT LTD Petitioner(s) VERSUS THE STATE OF JAMMU AND KASHMIR & ORS. Respondent(s) (Letter dated 20-09-2017 of Municipal Magistrate to be listed for direction) WITH SLP(C) No.3732/2014 (XVI -A) SLP(C) No.3734/2014 (XVI -A) SLP(C) No.11106/2014 (XVI -A) SLP(C) No.15656/2016 (XVI -A) Date : 30-10-2017 These petitions were called on for hearing today. CORAM :

HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE A.M. KHANWILKAR HON’BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr.Z.A.Shah, Sr.Adv.

Ms.Purnima Bhat, AOR Mr.Shyam D. Nandan, AOR Mr.Ramesh Kumar Mishra, AOR Ms.Ranjeeta Rohatgi, Adv.

For Respondent(s) Mr.Shadan Farasat, AOR Mr.G.M.Kawoosa, Adv.

Mr.M. Shoeb Alam, AOR Mr.Mehmood Pracha, Adv.

Mr.Mansoor Ali, AOR Mr.Prateek Gupta, Adv.

Mohd.Danish, Adv.

Mr.Shakil Ahmed Syed, AOR Mr.A. N. Arora, AOR Mr.Bharat Sangal, Adv.

Ms.S.Spandana Reddy, Adv.

Ms.Isha Gupta, Adv.

Mr.Shyam D.Nandan, Adv.

Mr.Siddharth B., Adv.

UPON hearing the counsel the Court made the following O R D E R C.A.No.17971/2017 @ SLP(C)No.3526 of 2014 & C.A.No.17969/2017 @ SLP(C)No.11106/2014 In view of the communication received from the Municipal Magistrate, Srinagar, the time to conclude the trial of complaint is extended till the end of February, 2018.

Leave granted.

The appeals stand disposed of in terms of the signed order.

C.A.No.17967 of 2017 @ SLP(C)No.3732 of 2014 Leave granted.

The appeal stands disposed of in terms of the signed order.

C.A.No.17968 of 2017 @ SLP(C)No.3734 of 2014 Leave granted.

The appeal stands disposed of in terms of the signed order.

C.A.No.17970 of 2017 @ SLP(C)No.15656 of 2016 Leave granted.

The interim order passed by this Court on 07.06.2016 shall also remain in force.

The appeal stands disposed of in terms of the signed order.


(SATISH KUMAR YADAV)                             (H.S. PARASHER)
   AR-CUM-PS                                   ASSISTANT REGISTRAR

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