Team Herald
MARGAO: The government on Friday prayed for dismissal of the formalin in fish case, arguing that the hazardous substance was present in small quantity and consumption of such small amount does not cause death.
Arguing on behalf of the State, Public Prosecutor Subhash Dessai said that since the quantity of formalin in fish was small and it does not cause death, no case was made for a cognizable offence in the case filed by a city advocate seeking directions to the police to book the drivers and owners of the 17 trucks that brought fish to Margao on July 12, 2018. Therefore, he prayed for the dismissal of the case.
He said that no case was made under Sections 120-B, 272, 273, 420 and 304 of the Indian Penal Code in the complaint lodged by the Food and Drugs Agency which is the agency responsible for such matters and further pointed that the analytical report dated July 12, 2018 by the scientific officer stated that the “formalin was within permissible limits”.
He stated that formalin is a natural breakdown product in most marine lives and is also found in meat and 5.20 mg of it is found in one kg of meat.
He further argued that the advocate had no locus standi to lodge a complaint as the FDA is the appropriate authority to take necessary action in such cases, but admitted that some unscrupulous elements intentionally do add formalin for preservation of fish.
He however argued that only when formalin is injected in large quantities, it causes ailments like vomiting, renal injury and abdominal pain and that it does not cause death and hence Section 304 is not attracted.
He admitted that FDA was the right authority to check the products and also take action and file complaint, if there was any irregularity. He pointed out that the FDA report clearly indicated that the formalin found in the sample was “within permissible limits”.
JMFC Shilpa Pandit has now posted the matter for August 16, for final arguments while also directing the applicant to change the cause title to delete the name of Respondent No 4 Iva who has been dropped from the proceedings.
