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2023 Supreme(Online)(NGT) 5335
Item No.05 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.60/2023/EZ IN THE MATTER OF:
Arun Das, Aged about 55 years, S/o Late Ashwini Das, R/o Village-Tengabari, P.O.-Mulukgaon, District-Dibrugarh, P.S.-Chabua, Assam, ...Applicant(s)
Versus
1. Union of India, Department of Fisheries, Ministry of Fisheries, Animal Husbandry and Dairying, Government of India, Krishi Bhawan, New Delhi, Pin – 110001, 2. The State of Assam, Represented by Commissioner and Secretary to the Government of Assam, Fishery Department, Janata Bhawan, “E” Block, 1st Floor, Dispur, Guwahati, District-Kamrup (M), Assam, Pin – 781006, 3. The Deputy Commissioner, Dibrugarh, District-Dibrugarh, Assam, Pin – 786003, 4. The Superintendent of Police, Dibrugarh, District-Dibrugarh, Assam, Pin – 786001, 5. The Department of Biology, Nowgong College, Old A.T. Road, Nagaon – 782001, Assam, Represented by “Head of the Department”, ...Respondent(s)
Date of hearing: 09.04.2024 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Sibojyoti Chakraborty, Advocate For Respondent(s) : Mr. Ashok Prasad, Adv. for R-1, (in Virtual Mode)
Ms. Malabika Roy Dey, Advocate for R-2-4,
ORDER
1. Heard Mr. Sibojyoti Chakraborty, learned Counsel for the Applicant and Mr. Ashok Prasad, learned Counsel appearing (in Virtual Mode) for Respondent No.1, Ministry of Fisheries, Animal Husbandry and Dairying, Government of India, and Ms. Malabika Roy Dey, learned Counsel appearing for Respondent Nos.2 to 4, State Respondents, Government of Assam.
2. This Original Application has been filed by the Applicant stating that fish caught far away from Assam are sold in Assam in addition to fish procured from the fisheries in the State of Assam. It is stated that so far as the fish procured from the fisheries in Assam are concerned, the procedure for catching and sale of such fishes is governed by the Assam Fishery Rules, 1953, and guidelines of the Assam Fishery Development Corporation.
3. However, the allegation of the Applicant is that fish which is brought from outside Assam through transportation, such fish are found to have traces of Cadmium, Arsenic and Formalin as per the report of a study conducted by the team of researchers from the Department of Biology, Nowgong College, which also finds mention in Newspaper Report, copy of the Newspaper Report has been filed as Annexure-I to the Original Application. Copy of the report itself has not been filed by the Applicant. He shall file the copy of the Research Report on affidavit by the next date of listing.
4. The Applicant has prayed that the import of fish from outside the State of Assam into Assam by road or Railway, found laced with Formalin or tainted with Cadmium and Arsenic be banned till adequate scientific method for testing of such fish and plying vehicles having cold storage refrigeration is not implemented by the Government.
5. Reference has also been made to the Regulation 2.6.2 of the Food Safety and Standards Authority of India Notification dated 11.01.2023 which prescribes the permissible standards of formaldehyde reds as under: -
“2.6.2. Limit of Formaldehyde-
(1) The amount of naturally occurring formaldehyde shall not exceed the limit prescribed in the column (2) for different species of fish as mentioned in the table given below: -
| Group & Species Mg/kg. Max. | |
| Group-I (marine) | |
| All finfishes (including Barracuda, Ballifishes, Bombay Duck, Bullseyes, Catfishes, Croakers, Eels, Filefishes and Puffers, Flat fishes, Goatfishes, Groupers (Rock Cods), Half Beaks and Full Beaks, Horse Mackerel, Leather Jacket (Queen Fish), Mackerel, Mullets, Other Carangids, Other Clupeoids, Anchovies, Other Perches, Pigface Breams, Pomfrets, Ribbon Fish, Sardines, Seer Fishes/Spanish Mackeral, Silver Bellies/Biddies, Snappers, Tarpons, Threadfin Breams, Threadfins, Tuna and Bonitos, White Fish and any other commercial varieties), elasmobranchs, crustaceans and molluscs except those under Group III & IV | 4.0 |
| Group- II (Freshwater Origin) | |
| Finfishes (including Indian Major Carps, Minor Carps, Exotic Carps, Freshwater Catfishes, Snakeheads/Murrels, Tilapia, Trout and all other freshwater fin fishes), crustaceans and molluscans | |
| Group- III (Marine) | |
| Lizard fishes and any other marine fishes not 8.0 |
| covered under Group I |
| Group- IV (Frozen Stored marine fish products) |
| All frozen stored marine fish products 100 |
6. The Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2020, prescribes standards with respect to limit of naturally occurring formaldehyde in fresh water and marine fish. The relevant extracts of the Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2020, read as under:- “III. Specific requirements for establishment engaged inhandling, processing, manufacturing, packing, store, distribution and transportation of fish and fish products:
In addition to Part-II of Schedule 4, as operationalized vide direction F. No. 1(80) 2016/Enf-II Info/FSSAI(Pt.) dated 28th August, 2019, following are specific requirements.
1. Internal Structure and fittings
All interior structures (including floors, walls, ceilings, doors, window
