Sheetal Dhariwal v. Union Of India & ORS.

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3208/2024 & CM APPL. 13174/2024 SHEETAL DHARIWAL ..... Petitioner Through:

Mr. Chandan Bhatia and Mr. Sachin Kumar, Advocates versus UNION OF INDIA & ORS.

..... Respondent Through:

Mr. Kirtiman Singh, CGSC, UOI with Mr. Rudra Paliwal, GP, Mr. Waize Ali Noor, Mr. Varun Rajawat, Mr.

Varun P Singh, Mr. Kartik Baijal, Ms.

Vidhi Jain and Ms. Shreya V Mehra, Advocates for R-1/UOI Mr.

Rishabh Srivastava and Mr.

Kartik Sharma, Advocates for Mr.

Santosh Kumar Tripathi, Standing Counsel (Civil), R-2/GNCTD

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 04.03.2024 CM APPL. 13174/2024 (for exemption) Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of. W.P.(C) 3208/2024 1.

Present public interest litigation has been filed seeking compliance of Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 which prohibits use of tobacco and nicotine as ingredients in any food product. The Petitioner further prays for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:31:15

prohibition of manufacture, storage, distribution, or sale of tobacco within India.

2.

The admitted position is that the Hon'ble Supreme Court of India in Transfer Case (Civil) No. 1/2010 has stated that the statutory authorities are bound to enforce the Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011. However, no empirical data has been placed on record by the Petitioner to show that the product in question uses tobacco and nicotine as ingredients. The Petitioner has not even impleaded Food Safety and Standards Authority of India (FSSAI) which is the regulator under the Food Safety and Standards Act, 2006.

3.

Consequently, the present public interest litigation is dismissed. However, the Petitioner is given liberty to file a fresh petition with the relevant data and after impleading the necessary parties. ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MARCH 4, 2024/msh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/03/2024 at 11:31:15