Arjun Kumar Mishra v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5866 of 2019 ====================================================== Arjun Kumar Mishra (Male 38 years), son of late Satyendra Kumar Mishra, resident of Gundi, Bhojpur, Gunari, Bihar- 802313 ... ... Petitioner

Versus

1. The Union of India through the Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi

2. The Ministry of Consumer Affairs, Food and Public Distribution, through the Secretary, New Delhi

3. The Food Safety and Standards Authority of India, FDA Bhawan, Kotla Road, New Delhi

4. The State of Bihar through the Principal Secretary (Health & Family Welfare), Department of Health, Government of Bihar

5. The Principal Secretary, Food & Consumer Protection Department, Government of Bihar

6. The Commissioner of Food Safety, State Data Centre, State Health Society, Bihar Pariwar Kalyan Bhawan, Sheikhpura, Patna

7. M/s Glaxo SmithKline Consumer Health Care Limited having its registered office at Patiala Road, Babha, Punjab

8. Vikas Shiromani, Inspector of Drugs/ Muzaffarpur-II, Drugs Control Administration, RDD Campus, Goshala Road, Muzaffarpur

9. Uday Vallabh, Inspector of Drugs/ Muzaffarpur-II, Drugs Control Administration, RDD Campus, Goshala Road, Muzaffarpur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Ms. Mayuri, Adv.

Mr. Ravi Kumar Singh, Adv.

For the Respondent/s :

Mr. Lalit Kishore, AG For the U.O.I. : Mr. Kumar Priya Ranjan, CGC Mr. Niraj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 27-03-2019 Heard the parties.

The petitioner complains of the ingredients used in the preparation of the food supplement popularly marketed as 'Horlicks' and seeks an enquiry.

Patna High Court CWJC No.5866 of 2019(2) dt.27-03-2019 2/2 In the nature of the grievance so raised, we permit the petitioner to approach the respondent no. 3, who is stated to be the competent authority under the Food Safety & Standards Act, 2006 and is represented through the Additional Solicitor General, Mr. S.D. Sanjay with the grievance so raised in this writ petition.

It goes without saying that any such application filed by the petitioner would be considered and disposed of in accordance with law by the concerned authority preferably within six months of its filing after opportunity of representation to the representative of respondent no. 7. The writ petition is disposed of with the observations above.

(Jyoti Saran, J) ( Arvind Srivastava, J) Archana/ Surendra/- U