SWAMI ACHYUTANAND TIRTH Vs. UNION OF INDIA

JUDGEMENT

(1.) Following our order dated November 26, 2013, the officers who are in-charge of the Food Safety and Standards in the States of NCT of Delhi, Uttar Pradesh, Rajasthan and Haryana appeared before us and explained various steps they have taken to implement the provisions of the Food Safety and Standards Act, 2006. Rest of the States have not responded. We notice that States like Madhya Pradesh, Punjab, etc. are not parties to the writ petition. We have been taken through the statistics filed explaining the number of inspections some of the States have conducted in various places. We are not satisfied with the materials made available as well as the steps taken to prevent adulterated milk and milk products in their respective States. We find from an Article dated February 17, 2012 published by a Voluntary Consumer Association (VOICE) that synthetic milk is prepared by mixing urea, starch/blotting paper, glucose/sugar, caustic soda, refined white paint, detergent or shampoo and the practice is going unabatedly. The article also says that the characteristic white colour of the milk is achieved by adding white paint while refined oil is used as a substitute for milk fat. It also states that urea, starch and glucose are added to make up the Solid Not Fat (SNF) component and sweet taste of the milk. The article highlights that the consumption of the synthetic milk is hazardous to health as urea and caustic soda are harmful for heart, liver and kidneys and also lead to cancer. This state of affairs is very alarming causing serious health hazards.

(2.) We notice that in many of the cases, even though prosecution has been launched, the maximum sentence is only six months imprisonment. Taking note of the seriousness of the offence, the State of Uttar Pradesh has amended Section 272 of the Indian Penal Code wherein adulteration of food and products is treated as a serious offence, the sentence of which is now enhanced to imprisonment for life and also fine. Similar amendment has been made in the States of West Bengal and Odisha.

(3.) Considering the seriousness of the offence, it is important that similar amendments are to be made in other States as well.