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Surprise Inspections Are a Standard Procedure, and No Prior Notice Is Required: Telangana High Court Upholds Fortified Rice Inspections

17 March 2025 8:17 PM

By: sayum


In a landmark ruling Telangana High Court dismissed multiple writ petitions filed by M/S Veeraanjaneya Industries and other rice millers challenging the rejection of their Fortified Rice Kernels (FRK) stocks by the Union of India and the Food Corporation of India (FCI). The petitioners argued that the government’s surprise inspections were arbitrary and violated procedural fairness, but the court ruled in favor of the government, emphasizing that quality checks are an essential part of the food supply chain and do not require prior notice.

The dispute arose from the fortification of rice, a government-mandated process introduced in 2022 to ensure that rice supplied through the Targeted Public Distribution System (TPDS) meets nutritional standards. Under this scheme, rice millers were required to blend Fortified Rice Kernels (FRK) with Custom Milled Rice (CMR) in a 1:100 ratio before delivery. The petitioners, a group of rice millers from Nalgonda District, Telangana, claimed that their rice had initially been accepted without objections but was later declared Beyond Rejection Level (BRL) after surprise inspections conducted by FCI in April 2024.

Arguing that the rejection orders were arbitrary and violated the Standard Operating Procedure (SOP) issued on December 26, 2023, the petitioners sought relief from the High Court. They contended that the government had failed to follow due process by not issuing prior notice before rejecting the rice stocks.

"Rejection Does Not Mean Cancellation, Only Replacement Is Required" – Government Defends Its Actions

The Union of India and FCI justified their decision, asserting that random quality checks are a necessary part of ensuring that fortified rice meets nutritional standards. The government maintained that surprise inspections are permitted under the law, and millers cannot claim immunity from post-acceptance checks.

The court noted that the SOP issued on December 13, 2022, clearly authorizes surprise inspections at any stage of storage, transportation, or distribution. Rejecting the petitioners' argument that prior notice was necessary, the court held that "there is no requirement in law to provide advance notice for quality inspections when the objective is to ensure compliance with food safety standards."

The government further clarified that the rice was not outright rejected but was simply declared BRL and required to be replaced. "The petitioners have not been penalized, nor have their supplies been cancelled. They have merely been asked to replace the stocks that do not meet the prescribed blending standards," observed the court.

"Appeal Mechanism Exists Only at the Stage of Acceptance, Not After Inspections" – Court Rejects Demand for Re-Testing

One of the key contentions raised by the petitioners was that they were not given an opportunity to challenge the rejection or seek re-testing of the samples. They argued that under the December 26, 2023 SOP, they should have been allowed to appeal against the quality control findings.

The court, however, dismissed this argument, holding that "the appeal process applies only at the time of initial stock acceptance. Once a stock is accepted, later inspections can still assess quality, and no further appeal is provided for in such cases."

The judgment also emphasized that the quality tests were conducted in accordance with ISO standards for cereal testing (IS 14818:2017) and that samples were drawn and analyzed in a transparent manner in government laboratories in the presence of officials from the FCI and state government.

"Ensuring Food Safety Is Paramount" – High Court Dismisses Petitions

After reviewing the submissions from both sides, the Telangana High Court ruled in favor of the government, dismissing the writ petitions filed by the rice millers. The court stated that the government’s responsibility to maintain the quality of food grains supplied to the public overrides any inconvenience caused to private rice millers.

"Surprise inspections are critical to ensuring that the rice supplied to the underprivileged through the Public Distribution System meets the highest quality standards. The petitioners have not shown any malafide intent on the part of the government, and they are merely being asked to replace stocks that do not comply with the mandated specifications," the court concluded.

With this ruling, the Telangana High Court has reinforced the government’s authority to conduct post-acceptance quality control inspections and require replacement of non-compliant stocks. This decision sets a strong precedent in favor of strict enforcement of food safety standards, ensuring that only nutritionally compliant fortified rice reaches the beneficiaries of government welfare schemes.

Date of decision: 11/03/2025

 

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