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Judgment
CM APPL. 250355/2024 (for exemption)
Allowed, su bject to all just exceptions.
Accordinglyy, the present application stands disposed of.
W.P.(C) 6039/20224
Present public interest petition, which is fourth in a series of petition, filed by the Petitiooner seeks compliance with Regulation 2.3.4 of the Food Safety and Standaards (Prohibition and Restrictions on Saales) Regulations, 2011 (for short ‘2011 Regulations’) which prohibits usee of tobacco and nicotine as ingrediients in any food product including pan masala.
The first petition bearing W.P.(C) No. 2939/2024 filed seeking compliance of judgment dated 10th April, 2023 titled Commmissioner (Food Safety) v. Sugand hi Snuff King Pvt. Ltd. and Others, 20233 SCC Online Del 2003 was disposed of vide order dated 28th February, 20024 as withdrawn with liberty to file a fresh petition. The second petition beaaring W.P.(C) No. 3208/2024 was dismissed vide order dated 04th March, 20024 on account of absence of relevannt empirical data showing usage of tobaccco and nicotine as ingredients in pan masala and due to non-impleadment of necessary parties. Thereafter, the third petition being W.P.(C) No. 4077/22024 filed by the Petitioner seeking identical prayers was disposed of vide order dated 18th March, 2024 with directions to the Food Safety and Stand ards Authority of India (‘FSSAI’) to treat the writ petition as a representation and to decide the same in accordancce with law after giving an opportunity of hearing to the Petitioner.
Learned couunsel for the Petitioner states that the Petitioner has not received any response to her representation in accordancce with the order dated 18th March, 2024.
Learned couunsel for the FSSAI, who appears on advaance notice, states that the Petitionerr representation’s is under consideration. He assures and undertakes to this Court that the same shall be disposed of after giving an opportunity of hearing to the Petitioner.
Recording the aforesaid undertaking, the present writ petition is disposed of withh a direction to FSSAI to decide the Petitioner’s representation in accordance with law, as expeditiouusly as possible, preferably, within six weeks. The rights and contentions of all the parties are left open.