Can’t quash proceedings against Earth Recycler: Karnataka HC

Justice M Nagaprasanna made the observations while refusing to quash proceedings against Earth Recycler and its directors over waste disposal.
Karnataka HC
Karnataka HC File Photo
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BENGALURU: The Karnataka High Court said that the increasing instances of hotels and eateries stocking, preparing and supplying expired food cannot be brushed aside as stray infractions of regulatory prescriptions. They reveal a disturbing malaise creeping into the hospitality industry, where in some cases, the hunger for profit appears to have overtaken the elementary obligation to protect the health of the consumer, it said.

Justice M Nagaprasanna made the observations on Friday, while refusing to quash the proceedings against Earth Recycler Pvt Ltd, and its directors, Mohammed Dawood S and Abdul Khadir Kalathoor, engaged in the collection and disposal of expired food products, damaged consumer goods and other waste material, under provisions of BNS and the Food Safety and Standards Act. The proceedings were initiated by the Avalahalli police on a complaint filed by Anil Kumar B.

The petitioners allegedly collected daily consumable goods and food products like milk, curd, fruits, vegetables, green leaves, flour, cool drinks, ready mix, washing powder, soap, hand wash, dish wash, and shampoo from more than 100 stores of two online platforms in the city, relabelled, repacked and resold the products. But the petitioners denied the allegations. State Public Prosecutor BN Jagadeesha appealed to the court to permit an investigation into the allegations considering the seriousness.

The increasing recurrence of such discoveries must awaken the regulatory machinery. Surprise inspections cannot remain occasional exercises undertaken only after public outrage, the court noted.

The unsuspecting consumer purchases such a product believing it to be safe. The peril assumes greater proportions when such products reach children, pregnant women, the elderly or persons with diminished immunity, for whom an episode of food poisoning may have consequences far beyond temporary discomfort. Profit can never be permitted to flourish upon the ruins of public health, the court added.

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