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Synopsis

In a Public Interest Litigation (PIL) filed by Moti Lal Yadav, a practicing advocate, the Allahabad High Court has directed the Uttar Pradesh Food Safety Commissioner to intensify efforts in monitoring the sale of Chinese garlic in the state.

The court was informed that in 2014, the Indian government prohibited the import of Chinese garlic after reports surfaced of fungus-infested garlic entering the country. Concerns were raised that the smuggled garlic contained high levels of pesticides, prompting the ban. Notably, China is the world’s largest producer of garlic.

During the hearing, Adv Yadav personally presented garlic he purchased from a local market in Lucknow, which he claimed was Chinese garlic.

The bench, comprising Justice Rajan Roy and Justice Om Prakash Shukla, directed Vijay Pratap Singh, an official from the Food Safety and Drug Administration, to have the garlic tested in a certified laboratory to confirm its origin and safety. Singh stated that 14 days would be required for the test results to be completed.

Moreover, the court was informed of the formation of a Joint Action Team in Lucknow, comprising personnel from various departments, including Horticulture, Agriculture, Food Safety, and the police. This team is tasked with tracing the source of Chinese garlic being sold in local markets and taking appropriate remedial measures.

However, a concern was raised about the efficacy of the public reporting system, as advocates in the court were unable to reach the toll-free number provided by the Food Safety Department for reporting the sale of Chinese garlic. To this, court suggested that additional phone lines or WhatsApp numbers be made available to accommodate public complaints.

Court further directed the Food Safety Commissioner to expand the scope of inspections beyond Lucknow to cover the entire state. It also asked the Commissioner to file an affidavit detailing the steps taken in the past year, including raids conducted to detect the sale of Chinese garlic and any actions taken against violators.

Additionally, court sought clarification on whether there is an official ban on the sale of Chinese garlic. An order from the Ministry of Agriculture, dated 2005, was brought to the court’s attention, which prohibits the import of garlic from China due to repeated fungal infestations found in garlic consignments. The court questioned whether a 2014 notification also exists that further regulates or bans the sale of such garlic in India. Regarding this, the counsel for the Union of India said that he shall seek instructions.

Court ordered the Food Safety Commissioner to continue monitoring the situation closely and to ensure timely actions are taken to protect the health of the public. Court also asked that Adv Yadav assist the authorities by providing information on where Chinese garlic is being sold in Lucknow.

Court adjourned the matter, setting the next hearing for October 17, 2024, at which time further updates on the laboratory tests and actions taken by the authorities are expected.

Case Title: Moti Lal Yadav Vs. Union Of India Thru. Secy., Ministry Of Commerce And Industry, New Delhi And 4 Others