WRIT PETITION (C) NO.159/2012

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO. 159 OF 2012

SWAMI ACHYUTANAND TIRTH & ORS. ….Petitioners

Versus

UNION OF INDIA & ORS.

…Respondents

WITH

SPECIAL LEAVE PETITION (CRL.) NO. 1379 OF 2011 AND CRIMINAL

APPEAL NOS.472, 476-478 AND 479 OF 2012

J U D G M E N T

R. BANUMATHI, J.

The present writ petition is filed in public interest by the

petitioners highlighting the menace of growing sales of adulterated

and synthetic milk in different parts of the country. The petitioners

are residents of the State of Uttarakhand, Uttar Pradesh, Rajasthan,

Haryana and NCT of Delhi and have accordingly shown concern

towards the sale of adulterated milk in their States. However, the

issue of food safety being that of national importance, Union of India

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Digitally signed by

MADHU BALA

Date: 2016.08.05

16:27:51 IST

Reason:

Signature Not Verified

WRIT PETITION (C) NO.159/2012

has also been made a party-respondent. The petitioners allege that

the concerned State Governments and Union of India have failed to

take effective measures for combating the adulteration of milk with

hazardous substance like urea, detergent, refined oil, caustic soda,

etc. which adversely affects the consumers’ health and seek

appropriate direction.

2.

The petitioners have relied on a report dated 02.01.2011 titled

“Executive Summary on National Survey on Milk Adulteration, 2011”

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 Uttar Pradesh

88% of milk samples were found adulterated. According to the

petitioners, milk is the only source of nourishment for infants and a

major part of the diet for growing children in tender age and if no

effective measure is taken to ensure the purity of milk, health of the

children will be adversely affected. The petitioners pleaded inaction

and apathy on the part of the respondents to take appropriate

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WRIT PETITION (C) NO.159/2012

measure to rule out sale and circulation of synthetic milk and milk

products across the country which according to the petitioners has

resulted in violation of fundamental rights of the petitioners and

public at large guaranteed under Article 21 of the Constitution of

India. The petitioners, therefore, seek for a writ of mandamus

directing Union of India and the concerned State Governments to

take immediate effective and serious steps to rule out the sale and

circulation of synthetic/adulterated milk and the milk products like

ghee, mawa, cheese, etc.

3.

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.

States have further stated that after the National Survey on Milk

Adulteration by FSSAI in 2011, comprehensive action is being taken

by the State Governments to check whether milk is being adulterated

with chemicals and stringent action is being taken in accordance with

FSS Act and penal laws.

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WRIT PETITION (C) NO.159/2012

4.

We have heard the learned counsel appearing for the

petitioners, Union of India and counsel appearing for various States.

5.

On behalf of Union of India, it was submitted that a fair

mechanism for dealing with food safety an