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Judgment
CM APPL. 25035/2024 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
Present public interest petition, which is fourth in a series of petition, filed by the Petitioner seeks compliance with Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 (for short ‘2011 Regulations’) which prohibits use of tobacco and nicotine as ingredients 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 Commissioner (Food Safety) v. Sugandhi Snuff King Pvt. Ltd. and Others, 2023 SCC Online Del 2003 was disposed of vide order dated 28th February, 2024 as withdrawn with liberty to file a fresh petition. The second petition bearing W.P.(C) No. 3208/2024 was dismissed vide order dated 04th March, 2024 on account of absence of relevant empirical data showing usage of tobacco and nicotine as ingredients in pan masala and due to non-impleadment of necessary parties. Thereafter, the third petition being W.P.(C) No. 4077/2024 filed by the Petitioner seeking identical prayers was disposed of vide order dated 18th March, 2024 with directions to the Food Safety and Standards Authority of India (‘FSSAI’) to treat the writ petition as a representation and to decide the same in accordance with law after giving an opportunity of hearing to the Petitioner.
Learned counsel for the Petitioner states that the Petitioner has not received any response to her representation in accordance with the order dated 18th March, 2024.
Learned counsel for the FSSAI, who appears on advance notice, states that the Petitioner 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 with a direction to FSSAI to decide the Petitioner’s representation in accordance with law, as expeditiously as possible, preferably, within six weeks. The rights and contentions of all the parties are left open.