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Jaiswal Products Private Limited v. Commissioner of Food Safety

Madras HC29 Apr 2025WP/21413/2024

Case brief

AI extract

What is this about?

Gutkha/panmasala/tobacco-nicotine ban Tamil Nadu; chewable food products prohibition notification 23.05.2024 and 23.05.2023; Food Safety and Drug Administration Order; certiorari under Article 226; writ petitions closed as ban expired/to expire on 22.05.2025; no adjudication required; liberty to challenge subsequent notification; Madras High Court 29.04.2025; S.M. Subramaniam and K. Rajasekar; Jaiswal Products Private Limited v. Commissioner of Food Safety and FSSAI; no costs.

What did the court decide?

No substantive relief; writ petitions closed without adjudication as the one-year ban under the impugned notifications has expired / is to expire, with liberty to challenge any subsequent notification; connected W.M.P.Nos.23370, 23372, 11019 & 11021 of 2024 also closed; no costs. ¶27

Jaiswal Products Private Limited Vs Commissioner of… — Writ and Judicial Review | Madras HC (2025)

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W.P.Nos.21413 & 10010 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.04.2025

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CORAM :

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HON'BLE MR.JUSTICE K.RAJASEKAR

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W.P.Nos.21413 & 10010 of 2024

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Jaiswal Products Private Limited through Mr.Nitin Jaiswal G-82, Preet Vihar Delhi 110 092

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.. Petitioner in both W.Ps

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Commissioner of Food Safety Food Safety & Drug Administration Department Government of Tamil Nadu No.359, Anna Salai Teynampet Chennai 600 006

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Food Safety Standards Authority of India Ministry of Health & Family Welfare FDA Bhawan Near Bal Bhavan Kotla Road New Delhi 110 002

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.. Respondents in both W.Ps

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Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21413 & 10010 of 2024

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Government Order vide Tamil Nadu Government Gazette Extraordinary No.167 (No.VI(1)/372(a)/2024) dated 23.05.2024; the Government order vide Tamil Nadu Government Gazette Extraordinary No.188 (No.1418/2013/S9/FSD) dated 23.05.2023 respectively, issued by the 1st respondent herein and quash the same being as illegal.

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For Petitioner :: Ms.Lavanya V For Respondents :: Mr.G.Ameedius Government Advocate for R1 Mr.Su.Srinivasan for R2

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JUDGMENT

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(Judgment of the Court was made by S.M.SUBRAMANIAM,J.)

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The writ petitions have been instituted challenging the notifications issued by the Commissioner of Food Safety and Drug Administration, Tamil Nadu State on 23.05.2024 / 23.05.2023 respectively, imposing ban of manufacture, storage, transport, distribution or sale of chewable food products, gutkha, panmasala, containing tobacco and nicotine as “ingredients” in the State of Tamil Nadu for a period of one year from 23.05.2024 / 23.05.2023 respectively, under the Food Safety and Drug Administration Order.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21413 & 10010 of 2024

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Pertinently, the validity of the impugned notifications is for a

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period of one year with effect from 23.05.2024 / 23.05.2023. Thus the ban, as per the impugned notifications, is to expire on 22.05.2025 and/or expired on 23.05.2024. If at all the petitioner is aggrieved on account of any subsequent notification being issued, he is at liberty to initiate all appropriate action. As far as the impugned notifications are concerned, the ban is to expire / expired and thus no adjudication is required. Accordingly, the writ petitions stand closed. Consequently, W.M.P.Nos.23370, 23372, 11019 & 11021 of 2024 are also closed. No costs.

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Index : yes/no (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes/no 29.04.2025 ss

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