SHEETAL DHARIWAL vs UNION OF INDIA & ORS.
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* IN THE H HIGH COURT OF DELHI AT NEW W DELHI
+ W.P.(C) 6039039/2024
SHEETAL DDHARIWAL …… Petitioner
Through: Mr. Chandan Bhatia a and Mr. Sarthak
Kumar Singh, Advoca ocates
Versus
UNION OF INDIA & ORS. …… Respondents
Through: Mr. Kirtiman Singh, , CGSC with Mr.
Waize Ali Noor, Mr r. Varun Rajawat,
Mr. Varun P. Sin ngh, Mr. Kartik
Baijal, Mr. Aryan A Agrawal and Ms.
Shreya V. Mehra, Addvocates for R-1
Mr. Rishabh Srivast tava, Mr. Utkarsh
Singh, Mr. Prady yumn Rao and
Mr.Vikas Saini, Addvocates for Mr.
Santosh Kumar Trripathi, Standing
Counsel for GNCTD D, R-2
Mr. Rakesh Chau audhary and Mr.
Sushaar Chaudhary, Advocates for
R-3
Mr. Aditya Singla, AAdvocate for R-3
with Mr. Ritvik Sa aha, Ms. Saakshi
Garg and Mr. RRaghav Bakshi,
Advocates for R-3
% Date of Decision: on: 30th April, 2024
CORAM: HON’BLE THE AACTING CHIEF JUSTICE HON’BLE MS. JUJUSTICE MANMEET PRITAM SINGHH ARORA
JUDGMENT
CM APPL. 25035/ 35/2024 (for exemption)
Allowed, sub ubject to all just exceptions.
Accordingly y, the present application stands disposed of.
W.P.(C) 6039/202 024
1.
Present publblic interest petition, which is fourth in a series of petition, filed by the Petitiononer seeks compliance with Regulation 2.2.3.4 of the Food Safety and Standar ards (Prohibition and Restrictions on Salales) Regulations, 2011 (for short 22011 Regulations) which prohibits use e of tobacco and nicotine as ingredi ients in any food product including pan m masala.
2.
The first ppetition bearing W.P.(C) No. 2939/202024 filed seeking compliance of judg udgment dated 10th April, 2023 titled Com mmissioner (Food Safety) v. Sugandh hi Snuff King Pvt. Ltd. and Others, 202323 SCC Online Del 2003 was dispose ed of vide order dated 28th February, 202 2024 as withdrawn with liberty to file e a fresh petition. The second petition bear bearing W.P.(C) No. 3208/2024 was dissmissed vide order dated 04th March, 202 2024 on account of absence of relevan vant empirical data showing usage of tobacco co and nicotine as ingredients in pan masala and due to non-impleadment of necessary parties. Thereafter, the thi hird petition being W.P.(C) No. 4077/2 2024 filed by the Petitioner seeking ng identical prayers was disposed of vide de order dated 18th March, 2024 with directions to the Food Safety and Stand dards Authority of India (FSSAI) to o treat the writ petition as a representation on and to decide the same in accordance ance with law after giving an opportunity of hearing to the Petitioner.
3.
Learned councounsel for the Petitioner states that the PPetitioner has not received any respo ponse to her representation in accordance ance with the order dated 18th March, 22024.
4.
Learned coun counsel for the FSSAI, who appears on advance ance notice, states that the Petitioner er representations is under consideration n. He assures and undertakes to this Court that the same shall be disposed ofof after giving an
opportunity of hear earing to the Petitioner.
5.
Recording tthe aforesaid undertaking, the present t writ petition is disposed of withh a direction to FSSAI to decide the Petitioners representation in accordance with law, as expeditious ously as possible, preferably, within six weeks. The rights and contentions of all the parties are left open.
ACTING C CHIEF JUSTICE
MANMEET PRITAM SINNGH ARORA, J
APRIL 30, 2024/rrhc