SWAMI ACHYUTANAND TIRTH & ORS. versus UNION OF INDIA & ORS.

Citation: [2016] 4 S.C.R. 849 · Decided: 05-08-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off

Judgment (excerpt)

[2016] 4 S.C.R. 849 
SWAMI ACHYUTANAND TIRTH & ORS. 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (C) No. 159 of2012) 
AUGUST 05, 2016 
[T.S. THAKUR, CJI, R. BANUMATHI AND 
UDAY UMESH LALIT, JJ.] 
Food Safety and Standards Act, 2006 - ss.3/16/19/23/31/50/ 
89191192197 - Growing menace of adulterated and synthetic milk -
Report released by Foods Safety and Standards Authority of India 
(FSSAI) that on a national level 68. 4% of milk being sold is 
adulterated- Writ of mandamus sought against respondents alleging 
inaction and apathy to take appropriate measures to curb sale of 
synthetic !adulterated milk and milk products - Held: Food Safety 
and Standards Act, 2006 alongwith the rules and regulations framed 
thereunder constitutes a vigorous regulatory regime taking care of 
various situations of contraventions - Hence, apprehensions raised 
by petitioners could be taken care of by the authorities under the 
Food Safety and Standards Act - However, considering the 
seriousness of the matter and alarming state of affairs various 
directions passed for Union of India and State Governments - Food 
Safety and Standard Rules, 20ll - Food Safety and Standards 
(Licencing and Registration of Food Businesses) Regulations, 2011 
- Part III- regn. 2.1.13 -Food Safety and Standards (Food Products 
Standards and Food Additives) Regulations, 2011 - regns. 1.2 & 
2.1.1. 
Disposing of the writ petition and de-tagging the connected 
SLP and Criminal Appeals, the Court 
HELD: 1.1 Petitioners relied on a report titled "Executive 
Summary on National Survey 011 Milk Adulteration, 20IJ" released 
by Foods Safety and Standards Authority of India (FSSAI) which 
concluded that on a national level, 68.4 per cent of milk being 
sold is adulterated and it is alleged that the worst performers in 
the survey were Bihar, Chhattisgarh, Odisha, West Bengal, 
Mizoram, Jharkhand and Daman and Diu, where adulteration in 
milk was found up to 100%. In the States of Uttarakhand and 
849 
A 
B 
c 
D 
E 
F 
G 
H 
850 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2016] 4 S.C.R. 
Uttar Pradesh, 88% of milk samples were found adulterated. 
Petitioners pleaded inaction and apathy on part of the respondents 
to take appropriate measure to rule out sale and circulation of 
synthetic milk and milk products across the country which 
according to the petitioners resulted in violation of fundamental 
rights of the petitioners and public at large guaranteed under 
Article 21 of the Constitution of India. (Para 2) [852-H; 853-A-
C] 
1.2 In compliance of various orders passed by this Court, all 
the States have filed affidavits stating that ever since Food Safety 
and Standards Act, 2006 (for short "the FSS Act") came into force 
with effect from 5.8.2011, the provisions of the Act are being 
sincerely implemented by the States and also indicating action 
taken by the States, number of prosecutions launched and status 
of those cases. [Para 3) (853-EJ 
2.1 On behalf of Union of India, it was submitted that a fair 
mechanism for dealing with food safety and standards and for 
checking adulteration is in place. [Para 5) [853-G) 
2.2 As per Food Safety and Standards (Licensing and 
Registration of Food Business) Regulations, 2011, the Dairy 
establishment in which dairy based food is handled, processed, 
manufactured, stored and distributed and ultimately sold by Food 
Business Operator should conform to the sanitary and hygienic 
requirements, food safety measures and other standards as laid 
down in Part-III of FSS Regulations, 2011. As per Part III of the 
said FSS Regulations, 2011, specific hygienic and basic sanitary 
measures are required to be followed by such Food Business 
Operators. It is compulsory for the milk business operator to 
submit half yearly return for milk and milk products in form D-2 
as provided in Regulation 2.1.13 of Food Safety and Standards 
(Licensing and Registration of Food Business) Regulations, 2011. 
Chapter 2 of the said Regulations deals with Food Product 
Standards. As per 2.1.1, the standards of different classes and 
designation of milk shall conform to both the parameters for milk 
fat and milk solids-not-fat for various States as indicated in the 
table thereon. [Paras 10 and 11) (857-D-F; 859-G) 
. 2.3 Sections 50 to 65 of FSS Act deal with punishment for 
contravention of the provisions. Section 59 of the Act provides 
SWAMI ACHYUTANAND TIRTH & ORS. v. UNION OF INDIA 
& ORS. 
for punishment for unsafe food. As per Section 89

Excerpt shown. Read the full judgment & AI analysis in Lexace.