Dismissed

Sheetal Dhariwal v. Union of India & Ors.

Delhi HC4 Mar 2024W.P.(C)/3208/2024

Case brief

AI extract

What is this about?

Public interest litigation sought compliance with Regulation 2.3.4 barring tobacco and nicotine as food ingredients, and prohibition of tobacco manufacture and sale. The court noted absence of empirical data and non-impleading of FSSAI, dismissed the PIL, and permitted filing a fresh petition with data and necessary parties.

What did the court decide?

Liberty to petitioner to file a fresh petition with relevant data and after impleading necessary parties.

Sheetal Dhariwal Vs Union of India & Ors. — Writ and Judicial Review | Delhi HC (2024)

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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

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Through: Mr. Chandan Bhatia and Mr. Sachin Kumar, Advocates

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versus

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UNION OF INDIA & ORS. ..... Respondent

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Through:

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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

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Mr. Rishabh Srivastava and Mr. Kartik Sharma, Advocates for Mr. Santosh Kumar Tripathi, Standing Counsel (Civil), R-2/GNCTD

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CORAM:

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

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O R D E R

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% 04.03.2024 CM APPL. 13174/2024 (for exemption)

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Allowed, subject to all just exceptions.

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Accordingly, the present application stands disposed of.

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W.P.(C) 3208/2024

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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

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This is a digitally signed order. 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

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

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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.

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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.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MARCH 4, 2024/ msh

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Sheetal Dhariwal v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Sheetal Dhariwal v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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