Chief Justice D.N. Patel disposed of a PIL concerning glyphosate and phosphamidon residues in imported pulses. The court observed that the impugned order had been superseded by Food Safety and Standards regulations effective May 2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SHRI VINEET SAHAI ..... Petitioner Through: Mr. Sarvesh Bisaria and Mr. Prakash Chandra Sharma, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Ravi Prakash, Central Govt. Standing Counsel with Mr. Mohd. Shahan Ulla, Adv. for R-1 Mr. Manoj Kumar, Adv. for R-2 and 3
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R % 11.02.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 1799/2019
“It is therefore respectfully prayed that your lordships may graciously be pleased to issue a writ of mandamus or any other suitable writ direction and orders for quashing of the order dated 12.10.2018 passed by the respondents and further be pleased to issue a writ of mandamus or any other suitable
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W.P.(C) 1799/2019
writ order or directions by appointing a Committee/Special Task Force under the supervision of the Retired Judge of this Hon’ble Court to investigate the entire import process and also how the orders dated 12.10.2018 have been passed by the respondents and submitted its report to this Hon’ble Court and thereafter this Hon’ble Court may take action as per law and procedure or may pass any other order or directions as may deem fit and proper in the interest of justice.”
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W.P.(C) 1799/2019
been superseded by the respondents with a new notification dated 6th May, 2019 (Annexure R-2 to the counter affidavit filed by the respondent no.3).
“ORDER
Considering representations received in FSSAI, an order no. l-1771/FSSAI/Imports/2018 dated 12.10.18 (Annexure-1) was issued, wherein MRLs for glyphosate in pulses as specified by Codex Alimentarius Commission (CAC) were considered for testing of imported pulses until FSSAI specify its own limits.
Now, the above said order has been superseded by Food Safety and Standards (Contaminants, toxins and Residues) Third Amendment Regulations, 2018, wherein it is mentioned that tolerance limit of 0.01 mg/kg shall apply in cases of pesticides for which MRL have not been fixed (Annexure- 2). Hence, the following order is no more in force.
| Subject | Order No. | Date |
|---|---|---|
| Testing of herbicide | 1-I771/FSSAI/Inipoits/2018 | 12.10.18 |
| "Glyphosate" in pulses- Reg. |
This issues with the approval of the Competent Authority.
Sd/Sunceti Toteja Director (Imports) FSSAI, HQ, New Delhi”
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W.P.(C) 1799/2019
CM No.8407/2019
CHIEF JUSTICE
C.HARI SHANKAR, J. FEBRUARY 11, 2020/ kr
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W.P.(C) 1799/2019
1 issue framed by the court
Whether the Public Interest Litigation regarding import of pulses with pesticide residues requires further monitoring given the superseding of the impugned order by a new notification.
1 provisions across 1 enactments
Shri Vineet Sahai
Union of India
C. Hari Shankar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
