Court dismisses petitions challenging the replacement directives of fortified rice stocks, affirming compliance with SOPs and natural justice principles.
The Andhra Pradesh High Court has dismissed a series of writ petitions filed by Kanyaka Traders and others challenging directives from the Food Corporation of India (FCI) to replace fortified rice stocks, which allegedly did not meet the micronutrient standards set by the Food Safety and Standards Authority of India (FSSAI). The Court, presided over by Justice K. Sreenivasa Reddy, affirmed the validity of the surprise inspections and sampling procedures conducted without prior notice, as per the Standard Operating Procedures (SOPs) and Operational Guidelines issued by the Department of Food and Public Distribution.
The petitioners, registered partnership firms engaged in the rice milling business, contended that the FCI's directives were arbitrary and violated principles of natural justice. They argued that their role was limited to blending the rice with Fortified Rice Kernels (FRK) supplied by the Andhra Pradesh State Civil Supplies Corporation Limited (APSCSC), and that they should not be held accountable for the micronutrient content.
The Court, however, rejected these contentions, emphasizing that the SOPs dated 16.07.2021 and 15.03.2022, along with the Procedure for Appeal dated 15.03.2023, explicitly allowed for surprise inspections without prior notice to maintain the confidentiality and integrity of the quality control process. The Court highlighted that the responsibility to ensure compliance with FSSAI standards lay with the rice millers, who were required to conduct random testing of FRKs at FSSAI-Notified NABL-Accredited Labs.
Justice Sreenivasa Reddy noted that the appeal and review mechanisms under the Procedure for Appeal dated 15.03.2023 were followed, with the results of review samples tested at referral/appellate labs deemed final and binding. The Court found no procedural irregularities or violation of natural justice principles, as the inspections and subsequent actions were in strict adherence to the prescribed guidelines.
The judgment underscores the importance of ensuring the quality of fortified rice distributed under the Public Distribution System (PDS) to address nutritional deficiencies. It also reinforces the legal framework for quality control in food distribution, affirming the authorities' right to conduct surprise inspections and enforce compliance with established standards.
Bottom Line :
Surprise inspections and sampling for quality control of fortified rice, conducted without prior notice under the Standard Operating Procedures (SOPs), do not violate principles of natural justice. Results of review samples tested at referral/appellate labs are final and binding under the Procedure for Appeal dated 15.03.2023.
Statutory provision(s): Article 226 of the Constitution of India, SOPs dated 16.07.2021 and 15.03.2022, Operational Guidelines dated 13.12.2022, Procedure for Appeal dated 15.03.2023.
Kanyaka Traders v. Union of India, (Andhra Pradesh) : Law Finder Doc id # 2932635
