Gauhati High Court
Bhaskar Baruah vs Union Of India And 4 Ors on 18 February, 2021
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GAHC010121862018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/35/2018
BHASKAR BARUAH
S/O. SRI S. BARUAH, R/O. TARUN NAGAR, 2ND BYE LANE SANGATI PATH,
NEAR ARUNDHOI APARTMENT, GUWAHATI, DIST. KAMRUP (M), ASSAM.
VERSUS
UNION OF INDIA AND 4 ORS.
REP. BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE,
GOVT. OF INDIA, NEW DELHI
2:STATE OF ASSAM
REP. BY ITS COMMISSIONER AND SECRETARY
HEALTH AND FAMILY WELFARE DEPTT.
ASSAM SECRETARIAT
DISPUR
GHY.
3:THE DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI
4:CHIEF CONTROLLER OF EXPLOSIVES
UNDER (MINISTRY OF COMMERCE AND INDUSTRIAL POLICY AND
PRODUCTION)
A-BLOCK CGO COMPLEX
5TH FLOOR
SEMINARY HILLS
NAGPUR
(MAHARASTRA).
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5:DY. CHIEF CONTROLLER OF EXPLOSIVE
BUILDING NO. 216
2ND FLOOR
CHANDMARI
GUWAHATI
ASSAM
6:PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION-'PESO'
DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE
(MINISTRY OF COMMERCE AND INDUSTRIES
GOVT. OF INDIA)
O/O THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
HOUSE NO.216
2ND FLOOR
ABOVE IDBI CHANDMARI
GUWAHATI-21
Advocate for the Petitioner : PETITIONER IN PERSON
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE NELSON SAILO
JUDGMENT & ORDER (ORAL)
18.02.2021
(AM Bujor Barua, J)
Heard Mr. Bhaskar Barua, petitioner in person and also Mr. D. Saikia, learned senior counsel
appearing for the authorities under the State of Assam and Mr. S.C Keyal, learned ASGI for the
authorities under the Union of India.
2. The petitioner, who is a practicing Advocate in the Gauhati High Court, has preferred this Public
Interest Litigation (PIL) raising concern about the fruits being sold in the market, which are ripened
by following an artificial process of using a chemical which is calcium carbide. It is stated that the
fruits are being plucked from the trees before they ripen at a pre-matured stage. By doing so, it
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facilitates the traders to transport the un-ripened fruits to its final market destination in a better
condition as otherwise there arises the possibility of the fruits getting ripened fast and getting rotten,
if it does not reach the market in time or if it could not be sold off at a proper time.
3. To devise a method to come out of it, the fruits are being plucked in an un-ripened condition at
a pre-matured stage and then transported to the market destination. Thereafter, they are subjected to
a process i.e., by keeping it above a collection of the chemical calcium carbide, which releases some
gas and the gas in turn, makes the fruits ripened quickly. When the fruits get ripened in the above
process, they are being sold in the market for its final consumption. It being a health concern, the
present PIL has been preferred mainly on the ground that the fruits, which are being ripened in an
artificial manner by use of calcium carbide has its own detrimental effects on the fruits which is
retained even after it is ripened and when the fruits, which are ripened in the said manner are
consumed by the people, the ill-effects of the chemical calcium carbides adversely affects their health.
It is stated that several scientific reports are available which reveals that serious diseases like cancer,
etc., are caused because of consumption of the artificially ripened fruits by using calcium carbide. It is
stated that the method of artificially ripening fruits by using calcium carbide prevailing all over has
reached a menacing proportion and it is now difficult to find fruits in the market, which are not
subjected to such artificial ripening process.
4. Even the respondent authorities in the Union of India and the State of Assam does not dispute
the adoption of the procedure for ripening of the fruits in an artificial manner by using the chemical
calcium carbide. According to the authorities in the State of Assam, several steps have been taken to
prevent the fruits ripened by artificial means from being sold in the market and for the purpose, the
officials are more vigilant and whenever detections are made, the persons indulging in such artificial
ripening are prosecuted under the law by drawing up appropriate proceedings. Neither is it the case of
any of the parties that adoption of the method of artificial ripening by using calcium carbide is not
injurious to health nor is it their case that it is not the cause of causing many serious ailments.
5. In the above circumstance, this PIL is preferred for directing the respondent authorities to
strictly enforce a ban on the illegal use of calcium carbide by unscrupulous persons for ripening of the
fruits. It is the contention of the petitioner that by subjecting the people at large to consume fruits,
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which are ripened in a contaminated manner by using calcium carbide, the right to life guaranteed
under Article 21 of the Constitution of India is also violated. Further, directions are also being sought
to the respondent authorities to strictly stop or prohibit the whole-sellers, dealers and vendors of
fruits from subjecting the fruits to the process of ripening by use of calcium carbide. Further,
directions are also sought for framing of appropriate policy/guidelines to ban "loose sale of calcium
carbide in the open market" and for the sale of calcium carbide to be strictly regulated.
6. The respondent State of Assam, through the Deputy Secretary, Health & Family Welfare
Department, in the affidavit-in-opposition had taken the stand in paragraph 3 that the fruits come
within the purview of the definition of "primary food" as defined in Section 3(i)(j) & (zk) of the Food
and Safety Standards Act, 2006 (in short FSSA - 2006), which means an article of food is a product of
agriculture or horticulture, or animal husbandry and dairying or aquaculture in its normal form,
resulting from the growing, raising, cultivation, picking, harvesting, collection or catching, in the hands
of a person other than a farmer or fisherman. Accordingly, it is the stand of the respondents that fruit
vendors and hawkers are food business operators which come within the purview of the FSSA-2006.
In paragraph 7 of the affidavit-in-opposition, it is stated that inspections and raids have been
carried out across the State from time to time by Senior Food Safety Officers/Food Safety Officers in
exercise of powers conferred under Section 37 & 38 of the FSSA-2006. It is stated that in the year
2018 (upto 31st July, 2018), several raids and inspections were conducted in different districts. During
this period, 17 (seventeen) numbers of sample of calcium carbide were collected from the premises of
different fruit vendors and the same were analyzed at the State Public Health Laboratory, Assam. In
the process, proceedings have been initiated against the offenders for having been in possession of
the adulterants, which is calcium carbide, for violating the provisions of Section 57 of the FSSA 2006.
In paragraph 10, it had been stated the Health & Family Welfare Department, Govt. of Assam,
had recently created 23 (twenty three) number of posts of Food Safety Officer and 7 (seven) number
of posts of Designated Officer under the FSSA 2006 and the newly created posts would be in addition
to the existing 18 posts of Senior Food Safety Officer and 23 posts of Food Safety Officer and the 5
posts of Designated Officer. Further steps have also been taken to upgrade the facilities in the State
Public Health Laboratoty, Assam, located at Guwahati, which is the only food testing facility under the
Govt. of Assam. It stated that this laboratory also caters to the requirement of all the North Eastern
States. The Health & Family Welfare Department of the Govt. of Assam is taking the necessary steps
to upgrade the laboratory and for the purpose had signed the MOU with the Food Safety & Standards
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Authority, New Delhi (in short FSSA), under the Ministry of Health & Family Welfare Department of the
Government of India. For the purpose the Government of India had also earmarked certain Grants-in-
aid under the Central Sector Scheme for up-gradation of the infrastructure and the procurement of
sophisticated laboratory equipments for the laboratory.
7. In the affidavit, it is also stated that otherwise also the FSSA, New Delhi had provided mobile
food testing units called "Food Safety on Wheel" for on the spot testing of foods in the State, so as to
instill the confidence amongst the consumers. It is stated that mobile foods testing units would not
only be used for conducting sample tests for common adulterants in milk, water, edible oil and other
items of daily consumption, but would also be used for creating an awareness of food safety, hygiene
and promoting healthy eating habits amongst the citizens at large and also for conducting training and
certification programme for the handlers of food and the supervisors in the food business. It is stated
that the FSSA of India is also willing to implement the web-based "Food Safety Compliance through
Regular Inspections and Sampling (FoSCoRIS) System" for verifying the compliance of food safety and
hygiene standards in the food business.
8. The stand of the State respondents in the Health Department shows that the authorities are
aware of the adverse consequences of the illegitimate process of ripening of foods by use of calcium
carbides that is in practice. That certain steps have been taken by the State authorities to solve the
problem by creating awareness and by taking initiative to detect rampant and illegal sale of the
chemical and prosecute those misusing it.
9. But at the same time, although the existence of the problem had been taken note of and
certain remedial measures have been taken but, we are told that the problem of the fruits being sold
in the market, ripened by using calcium carbide, is still continuing. If it is so, we are of the view that
although appropriate steps had been taken and authorities are not oblivious to the impending
problem, but what has been done till now cannot be said to be adequate or that it had led to an
eradication of the problem.
10. In the circumstance both the PIL petitioner as well as the learned senior counsel representing
the authorities in the Health Department of the State of Assam as well as the learned counsel
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representing the authorities of Union of India are in unison to express the view that more is required
to be done for total eradication.
11. In the deliberation that had taken place, that a view has been expressed by the parties that
one of the better methods to be adopted, which may lead to eradication of the use of illegitimate
means of ripening the fruits, would be to bring in a strict control on the availability of the calcium
carbide in the open market.
12. The petitioner in person Mr. Bhaskar Baruah had undertaken certain studies of the manner and
pattern in which calcium carbide is available in the open market. The study work of Mr. Bhaskar
Baruah reveals that calcium carbide is used for the industrial purpose of manufacture of acetylene
gas, which is used for operating the industrial welding machines. But it also reveals that most of the
motor garages, who are otherwise required to procure the acetylene gas from the manufacturer for
operating the welding machines, in order to cut their cost of operation, procure calcium carbide
themselves and convert it to acetylene gas in the garage itself for carrying out their welding works. It
also stated that the acetylene gas is basically a highly inflammable substance which is used for
creating heat at high temperatures. It is stated that the recognized and licensed industrial houses,
which manufacture acetylene gas may use the calcium carbide in a regulated manner, but because of
the prolific use of calcium carbide in an unregulated manner in the motor garages and other work-
shops for creating the acetylene gas, calcium carbide is abundantly available in the open market. It is
stated that the situation is such that the availability of calcium carbide in the open market is virtually
unregulated and any person can procure it at any time as per their need and requirement.
13. It is agreed upon that it is a matter of concern that calcium carbide is freely available in the
open market in an unregulated manner. The unscrupulous dealers, whole-sellers and vendors of fruits
have the benefit of an open availability of calcium carbide to be used for their illegitimate procedure of
ripening of the fruits. So well entrenched has the use of the illegitimate means of ripening of the fruits
become that detection and action taken against a few of such dealers/whole sellers and vendors have
not brought about a noticeable and effective prohibition on the use of such illegitimate procedure. The
few detections and prosecutions that may have taken place, does not even constitute the tip of the
problem, let alone causing an eradication of the problem. In the resultant situation again it is an
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agreed position of the parties that for the interest of the public, a total regulation on the availability of
calcium carbide is the need of the hour.
14. In the above circumstance, the relevant laws that are presently in force either with regard to
the availability of calcium carbide can be traced to the provisions of the Calcium Carbide Rules, 1987
(in short CCR 1987) and the FSSA-2006.
15. As averred by the authorities in the Health Department, Govt. of Assam, fruits being a primary
food as defined in the FSSA 2006, and the illegitimate method of ripening the fruits by used of calcium
carbide being a process of introducing adulteration to the primary food, appropriate measures
provided under the FSSA 2006 can also be invoked in the event of there being a detection of a given
case where the use of the illegitimate ripening procedure was detected. Further, the CCR 1987, by
itself, also provides for certain regulatory procedure on the aspect of storage of calcium carbide. But
the primary focus of the CCR 1987 is mainly on the aspect of regulating the procedure of storage of
calcium carbide and it does not provide for any tangible procedure by which the availability and sale of
calcium carbide could be strictly regulated. When we look into the provisions of the FSSA-2006 and
that of the CCR 1987, it is difficult to arrive at a conclusion that the existing provisions of the law
under the FSSA 2006 and CCR 1987 would be adequate enough even to bring about a complete
control on the availability of calcium carbide. Although the provisions of the FSSA 2006 and CCR 1987
can be used for the purpose of bringing about some control on the adoption of the illegitimate
procedure of ripening of fruits, but it by itself maybe a little short in bringing about a complete control
on the availability of calcium carbide in the open market.
16. In the circumstance, we are of the view that a more meaningful interpretation and
implementation of the provisions of the FSSA 2016 and CCR 1987 would be a requirement for
effecting a total eradication of the illegitimate procedure adopted for ripening of fruits by use of
calcium carbide, which again be complemented by some guidelines to be provided for the purpose.
17. Section 3(1)(a) of the FSSA 2006 provides that, unless the context otherwise requires,
'adulterant' means any material which is or could be employed for making the food unsafe or
substandard or misbranded or containing extraneous matter. It is an admitted position of the relevant
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authorities that upon the ripening of the fruits by means of using calcium carbide, certain residual
component of the chemical used gets ingrained in the fruit itself and further the nature and character
of the fruit in its original gets altered to an extent. It is also an admitted position that prolong
exposure to consumption of fruits ripened by use of calcium carbide leads to several health hazards,
including the dreaded disease of cancer. Hence, going by the provisions of Section 3(1)(a) of the FSSA
2006, the calcium carbide used for artificial ripening of fruits would be an adulterant.
18. Although a stand had been taken in the affidavit of the Health & Family Welfare Department of
the Govt. of Assam that inspection and raids are being carried out across the state from time to time
by Senior Food Safety Officers/Food Safety Officers in exercise of the powers under Section 37 and 38
of the FSSA 2006 and 17 number of samples of calcium carbide were collected from the premises of
different food vendors, but merely taking out sporadic inspections and raids may not be adequate for
bringing an effective and meaningful implementation of the provisions, more particularly Section 38,
of the FSSA 2006.
19. Sections 38(2), 38(3), 38(6), 38(7) and 38(9) are as follows:
38(2) The Food Safety Officer may enter and inspect any place where the article of food
is manufactured, or stored for sale, or stored for the manufacture of any other article of food,
or exposed or exhibited for sale and where any adulterant is manufactured or kept, and take
samples of such articles of food or adulterant for analysis.
38(3) Where any sample is taken, its cost calculated at the rate at which the article is
usually sold to the public shall be paid to the person from whom it is taken.
38(6) Any adulterant found in the possession of a manufacturer or distributor of, or
dealer in, any article of food or in any of the premises occupied by him as such and for the
possession of which he is unable to account to the satisfaction of the Food Safety Officer and
any books of account or other documents found in his possession or control and which would
be useful for, or relevant to, any investigation or proceeding under this Act, may be seized by
the Food Safety Officer and a sample of such adulterant submitted for analysis to a Food
Analyst: Provided that no such books of account or other documents shall be seized by the
Food Safety Officer except with the previous approval of the authority to which he is
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subordinate.
38 (7) Where the Food Safety Officer takes any action under clause (a) of sub-section
(1), or sub-section (2), or sub-section (4) or sub-section (6), he shall, call one or more
persons to be present at the time when such action is taken and take his or their signatures.
38(9) When any adulterant is seized under sub-section (6), the burden of proving that
such adulterant is not meant for purposes of adulteration shall be on the person from whose
possession such adulterant was seized. (10) The Commissioner of Food Safety may from time
to time issue guidelines with regard to exercise of powers of the Food Safety Officer, which
shall be binding: Provided that the powers of such Food Safety Officer may also be revoked for
a specified period by the Commissioner of Food Safety.
20. Section 38(2) gives a clear power to the Food Safety Officer or the Senior Food Officer as the
case may be to enter and inspect any place where the articles of food are manufactured or stored for
sale or stored for the manufacture of any other article of food or exposed or exhibited for sale. It
further provides that where any adulterant is manufactured or kept the samples of such articles of
food or adulterant be taken for analysis.
21. A reading of Section 38(2) shows that a wide power is vested on the Food Safety Officer or the
Senior Food Officer to enter and inspect any place where the article of food, which also includes the
ripen fruits, are stored for sale or exposed or exhibited for sale and for such entering and inspection
no prior reasons to believe that fruits exposed to adulterants may be present in the premises to be
inspected is also a requirement.
22. The only requirement is that if a sample of the fruit is taken for its analysis before a food
analyst, the Food Safety Officer/ Senior Food Officer would have to pay the cost of the fruit so taken
at the value at which it could have been sold to the public.
23. A conjoint reading of Sections 38(2) and 38(3) of FSSA 2006 makes it discernible that in order
to give a more meaningful and effective implementation to the provisions, there can be no reason as
to why a much more frequent or to that extent a daily entry and inspection of all the fruit stalls
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cannot be undertaken. Upon such entry and inspection, if it is noticed or believed that the fruits
stored for sale or exposed or exhibited for sale have been ripened by use of calcium carbide, a sample
thereof be taken by paying its cost. For the purpose, a particular fund can be made available by the
authorities to meet the expense of paying for the cost of samples taken and considering the benefits
that would accrue from a more effective and meaningful implementation of the provision of Section
38(2), the cost to be paid for taking the samples would have to be construed to be negligible and also
for the benefit of public interest.
Again, if the entry and inspection results in the detection of the presence of adulterant calcium
carbide, further samples thereof can be taken for analysis and be subjected to the procedures of law,
providing for initiating a criminal proceeding under the Prevention of Food Adulteration Act.
24. In the event, the entry and inspection results in the detection of the presence of the adulterant
calcium carbide, the provision of Section 38(6) can be invoked for a seizure of the adulterant and
sample thereof be submitted to a food analyst.
25. Reading conjointly with Section 38(7), all such actions taken under Section 38(2), 38(3) and
38(6), be done by requiring one or more person to be present and by taking his or their signature.
26. The provisions of Section 38 of FSSA-2006 are wide and comprehensive enough if given a more
effective and meaningful implementation by the authorities concerned to bring about an eradication of
the problem of artificial ripening of fruits by use of calcium carbide. The wholesalers dealers and fruit
vendors be required to clearly display the names addresses and phone numbers/mobile phone
numbers of the concerned Senior Food Safety Officers/ Food Safety Officers under whose jurisdiction
the given premises would be located, so that any member of the public can immediately inform the
authorities if any case of artificial ripening of fruits is detected.
27. In addition to the frequent entries and inspections by the Senior Food Safety Officers/ Food
Safety Officers, it would also be appropriate if every food vendor be requested to display in a clear,
legible and conspicuous manner the names and telephone numbers of the Senior Food Safety
Officers/ Food Safety Officers under whose jurisdiction the particular vendor would be operating. In
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the event, any doubt creeps into the mind of a purchaser of fruits from the particular vendor that the
fruits on display for the sale are ripened by using the illegitimate means of calcium carbide, the
purchaser concerned may immediately bring it to the notice of the Senior Food Safety Officer/ Food
Safety Officer by giving the details of the fruits concerned and the location and identity of the vendor.
The Senior Food Safety Officers/ Food Safety Officers would maintain a register of all such complaints
being made including the name address and telephone number of the complainants. Upon a complaint
being made, the same be immediately attended to, if possible within the same time during which the
complainant purchaser would remain within the premises of the vendor, and, thereafter, do the
needful by invoking the provisions of Section 38 of the FSSA-2006 and other provisions of law.
28. After taking the necessary action under Section 38 of the FSSA 2006, the Senior Food Safety
Officer/ Food Safety Officer shall inform the outcome of such enquiry to the complainant by giving a
written message in the form of SMS or Whatsapp. If the result of the enquiry is not informed to the
complainant/purchaser within a reasonable time that may be required for conducting the enquiry, the
complainant purchaser may make a complaint against such Senior Food Safety Officer/ Food Safety
Officer under the proviso to Section 39 of the FSSA 2006.
29. We have also taken note of the provisions of Section 39 of the FSSA 2006 which inter alia
provides that if any Food Safety Officer in exercise of the powers under the Act or Rules seizes any
article or food or adulterant either in a vexatious manner or without any reasonable ground, such
officer would be guilty of an offence under the Act and shall be liable to a penalty which may extend
to Rs.1 Lac.
The liability of any Food Safety Officer under Section 39 of the FSSA 2006 is only in respect of
any seizure of any article of food or adulterant in a vexatious manner or without any reasonable
ground, where the seizure of any article of food is governed by Section 38(1)(b) and seizure of any
adulterant is governed by Section 38(6) of the FSSA 2006. The taking of samples under Section 38(2)
is conspicuously not made a liability on the Food Safety Officer under Section 39 of the FSSA 2006,
even if such samples taken ultimately results in no adulterant being found after examination in the
appropriate laboratory.
30. As regards the CCR 1987, it is taken note of that the Rules are framed under Section 4 of the
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Petroleum Act 1934. Rule 4 of the CCR 1987 provides that no person shall deliver or dispatch any
carbide to any person other than the holder of a storage license or his authorized agent or a port
authority or a railway authority. The proviso to Rule 4 provides that the restriction of the Rule shall not
apply to delivery or dispatch of carbide to any person in quantities which are permitted under Rule 26
to be stored without a license. Rule 26 provides that no license shall be required for the storage of
carbide in any quantity not exceeding 5kgs, if it is kept in prescribed receptacles each containing more
than 1 kg. Again in respect of carbide in any quantity exceeding 5kgs but not exceeding 200 kgs no
license shall be required for storage subject to the condition that the receptacles be stored in a dry
and well ventilated storage shed and due precautions be taken to prevent unauthorized persons from
having access to the receptacles.
31. A reading of the provisions of the CCR 1987 goes to show that such Rules were framed under
Section 4 of the Petroleum Act 1934 for the purpose of regulating the storage of calcium carbide,
which essentially is the material used for preparation of acetylene gas, which is highly inflammable.
The purport of the CCR 1987 is more towards regulating the storage methods rather than regulating
the availability for calcium carbide in the market. Further, no provision is available in the CCR 1987 for
regulating the availability of calcium carbide for a quantity less than 5 kgs. Even for quantities
extending 5 kgs, but not exceeding 200 kgs, no license is required for storage, subject to the
condition that the receptacles which would contain the calcium carbide be stored in a dry and
ventilated storage shed. Section 4 of the Petroleum Act of 1934 gives a wide power to the Central
Government to make rules in respect of petroleum which includes, 'Petroleum Class A, Petroleum
Class B and Petroleum Class C'.
32. Petroleum" means any liquid hydrocarbon or mixture of hydrocarbons, and any inflammable
mixture (liquid, viscous or solid) containing any liquid hydrocarbon, whereas Petroleum Class A, Class
B and Class C are distinguishable from the point of having different flash points. It is an admitted
position of the respondents in the Central Government that calcium carbide comes within the purview
of the meaning Petroleum under Section 2A of the Petroleum Act 1934 and that it is classified as
Petroleum Class C.
33. Again, flash point of any petroleum means the lowest temperature at which it yields a vapour
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which will give a momentary flash while ignited. As calcium carbide is a chemical which can cause
serious safety hazards for the public by having it available in an unregulated manner and secondly, for
the purpose of this PIL, where the issue relates to misuse of calcium carbide for achieving the purpose
of illegal ripening of fruits, we are of the view that it would be more expedient for the Central
Government to frame appropriate Rules regulating the open availability of the calcium carbide in the
market.
34. In this respect, an order of the High Court of Telengana in PIL No.219/2015 is also taken note
of which is extracted as below:
"3. A large issue relating to challenges in the Food Safety sector is the use of carbide.
4. We see that all stake holders before us including the Government support the
submission of the learned Amicus Curiae that carbide is seemed to be used excessively to
ripen different fruits and also manage other fruits and vegetables for human consumption.
This is totally impermissible. It is forbidden by law. Use of carbide is confined to industrial
purposes only.
5. We record the submission of the learned Special Government Pleader that sale of
carbide in Telangana State already stands prohibited.
6. What now needs to be done is to ensure that carbide does not reach any hand, which
is not duly authorized to possess it. Use of carbide is legally permissible as confined to the
industrial sector. Therefore, law contains the prohibition that carbide shall not be used in any
purpose except industrial purpose. This includes all activities other than those which are purely
industrial as duly permitted by law. Therefore, the State Government will take immediate
action to take adequate steps in accordance with law against any person found to be in
possession of carbide other than those as permitted by law."
35. Mr. SC Keyal, learned counsel appearing for the respondents in the Central Government has
also agreed to the said aspect that an appropriate rules is required to be framed for the purpose of
regulating the open availability of calcium carbide in the market.
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36. In view of such agreement, we require the authorities in the Central Government to frame
appropriate rules for regulating the open availability of calcium carbide in the market and for the
purpose the Food Safety and Standards Authority of India (FSSAI) and the Ministry of Petroleum and
Natural Gas may coordinate amongst themselves for achieving the purpose of framing the required
rules.
37. As the directions issued as above would also require a compliance, in the absence of which the
public interest for which it has been issued would not be served, we request the PIL petitioner Mr.
Bhaskar Baruah to continue with his concern and be alert as to whether the requirement of the
directions had been suitably followed by the respondents. In the event of any adverse situation being
noticed, the PIL petitioner may bring it to the notice of the Court by filing appropriate application.
38. Accordingly, the Principal Secretary to the Government of Assam in the Health and Family
Welfare Department is also directed to monitor the activities of the Senior Food Safety Officer/ Food
Safety Officer towards their requirement of complying with the directions of this order.
39. With the aforesaid observations, the PIL stands allowed.
JUDGE JUDGE
Comparing Assistant
