Sheetal Dhariwal v. Union Of India & ORS.

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4077/2024 & CM APPL. 16661/2024 SHEETAL DHARIWAL ..... Petitioner Through:

Mr. Chandan Bhatia (through VC) and Mr. Maneesh Kumar, Advocates versus UNION OF INDIA & ORS.

..... Respondent Through:

Mr. Kirtiman Singh, CGSC with Mr.

Waize Ali Noor, Mr. Varun Rajawat, Mr. Kartik Baijal, Mr. Varun Pratap Singh and Ms. Vidhi Jain, Advocate for UOI/R-1 Mr.

Rishabh Srivastava and Mr.

Kartik Sharma, Advocates for Mr.

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

Aditya Singla, Mr.

Raghav Bakshi and Mr.

Anand Pandey, Advocates for FSSAI

CORAM:

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

O R D E R

% 18.03.2024 CM APPL. 16661/2024 (for exemption) Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of. W.P.(C) 4077/2024 1.

Present public interest litigation has been filed seeking compliance of Regulation 2.3.4 of the Food Safety and Standards (Prohibition and 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 03/07/2025 at 21:20:47

Restrictions on Sales) Regulations, 2011 which prohibits use of tobacco and nicotine as ingredients in any food product. The Petitioner further prays for prohibition of manufacture, storage, distribution, or sale of tobacco within India.

2.

A perusal of the paper book reveals that the Petitioner has not made any prior representation to any statutory authority before approaching this Court. Consequently, the present writ petition is disposed of with a direction to Food Safety and Standards Authority of India (FSSAI) to treat the present writ petition as representation and to decide the same in accordance with law after giving an opportunity of hearing to Petitioner. Let the said representation be disposed of as expeditiously as possible. 3.

This Court clarifies that it has not commented upon the merits of the controversy. The rights and contentions of all the parties are left open. ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MARCH 18, 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 03/07/2025 at 21:20:47