The Gwalior Bench of Madhya Pradesh High Court has upheld a police action of Rs 1 lakh against the owner of Shriram Dairy because the food safety officers delayed their testing instead of issuing a notice.
A laboratory recheck of the samples of milk cream and curd collected at the dairy on August 8, 2023, by food safety officials forms the basis of the case. The milk cream sample tested good but the curd tested sub-standard because of a report issued during December, 2023.
Based on the laboratory report, the police took necessary action and launched an investigation, which culminated into the imposition of a Rs 1 lakh fine by the Additional District Magistrate on December 31, 2024.
At the hearing the dairy operator stated the Food Analyst had a legal obligation to submit a report within 14 days. But this report came out a few months later – and without any reason explaining the delay. The High Court concurred and noted that there were no justifications for both the delay in issuance of the report and the subsequent lapse in action for the beginning of proceedings.
The court also pointed out the deficiency of the curd sample too was very small, milk solids not fat (MSNF) of the sample was 7.5% while the prescribed standard is 8.7%. The High Court noted that there was an “appreciable” difference between the two versions and concluded that it was “a minor variation” to be expected and for which there should have been no penal action.
The judgment has raised concern over the protracted time in which food samples are tested for results, having a negative impact on food business lawsuits especially when samples are collected during the holidays and results are not received for several months.