Delhi High Court
Ved Pal And Anr vs Union Of India And Anr on 18 May, 2017
$~9&10
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8982/2016
% Date of decision : 18th May, 2017
VED PAL AND ANR ..... Petitioner
Through: Ms. Anju Jain and
Mr. Hitesh Sachar, Advs.
versus
UNION OF INDIA AND ANR ..... Respondent
Through: Mr. Dev. P. Bhardwaj, CGSC
with Mr. Surender Kumar and
Mr. Satya Prakash Singh,
Advs.for
R-1/UOI
Mr. Mehmood Pracha, Mr.
R.H.A. Sikander, MR. Prateek
Gupta and Mohd. Danish,
Advs.for R-3/FSSAI
Mr. Gautam Narayan, ASC
with Mr. R.A. Iyer, Adv.for
GNCTD.
+ W.P.(C) 2166/2017
COMMUNITY AGAINST DRUNKEN DRIVING
..... Petitioner
Through: Mr. Angad Mehta, Adv.
versus
UNION OF INDIA AND ORS ..... Respondent
Through: Mr. Arun Bhardwaj, CGSC for
R-1/UOI
W.P.(C) Nos. 8982/2016 & 2166/2017 Page 1 of 7
Mr. Mehmood Pracha, Mr.
R.H.A. Sikander, MR. Prateek
Gupta and Mohd. Danish,
Advs.for R-3/FSSAI
Mr. Gautam Narayan, ASC
with Mr. R.A. Iyer, Adv.for
GNCTD.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. These two writ petitions have been filed in public interest
complaining that even though consumption of alcohol is
deleterious and is increasing rampantly, the respondents have
taken insufficient steps on promoting prohibition of alcohol.
Certain schemes which have been launched by the respondents
have been detailed in para 7 of W.P.(C) 8982/2016. After
making submissions with regard to the steps taken by different
State Governments on this issue, a grievance is made with
regard to the font and size of the statutory warning mentioned
on liquor bottles. The petitioners also complain that the manner
in which the warning is displayed renders it illegible. It is
complained that certainly there is no prominent or significant
warning attached to the liquor bottles, due to which the
intendment of display thereof on the product packaging
completely lost.
2. Placing reliance on the practice which is in vogue in
foreign countries including United States of America,
Argentina, Malaysia, Mexico, South Africa, Thailand, France,
Ireland, New Zealand and Canada, the writ petitioners in
W.P.(C) No.8982/2016 have made the following prayers :
"a) Appropriate writ, order or direction in
the nature of mandamus, thereby directing the
respondents to increase the size of statutory
warnings on the liquor bottles and packages;
b) Direct the respondents to come up with a
policy and plan about the nature, size and
contents of the mandatory statutory warnings on
the liquor bottles, packaging, points of sale, and
other locations like schools, hospitals, and other
public places cautioning citizens on the ill effects
of alcohol;
c) To increase amount of expenditure on
prohibition and welfare programmes for the
alcohol addicts in proportion to the revenues
earned in the form of Excise Duty from the sale
of liquor;
d) Pass such other and further order which the
Hon'ble Court may deem fit and proper in the
fact and circumstances of the above case."
3. The petitioner in W.P.(C) No.2166/2017 seeks the
following prayers :
"A. Pass an appropriate writ in the nature
of mandamus or any other appropriate writ
thereby directing the respondents to mandate all
alcohol producers, manufacturers, suppliers,
distributors, sellers, etc. nationwide to print, in
sufficiently legible large font, the dangers of
consuming alcohol and driving;
B. Pass an appropriate writ in the nature of
mandamus or any other appropriate writ thereby
directing the respondents to mandate all alcohol
producers, manufacturers, suppliers,
distributors, sellers, etc. nationwide to print,
increase the size of existing statutory warnings
on alcohol bottles.
C. Pass an appropriate writ in the nature of
mandamus or any other appropriate writ thereby
directing the respondents to mandate all alcohol
producers, manufacturers, suppliers,
distributors, sellers, etc. nationwide to also print
pictorial statutory warnings on alcohol bottles.
D. Pass an appropriate writ thereby
directing the respondents to come up with an
exhaustive legislation qua the nature, size, and
contents of mandatory statutory warnings on
alcohol bottles.
E. Pass an appropriate writ thereby mandating
all alcohol producers, manufacturers, suppliers,
distributors, sellers, etc. nationwide to print,
increase the size of statutory warnings on alcohol
bottles and include a message against drinking
and driving.
F. Pass any other further orders as may be
required."
4. However, we may note the reliance placed on the
material from the practices followed in these foreign countries.
5. The respondents have separately filed their counter
affidavits and statutory reports.
6. Mr. Gautam Narayan, learned Additional Standing
Counsel appearing for the Government of NCT of Delhi-
respondent no.2 herein has submitted that the government is
actually concerned with the impact of alcohol consumption and
the imperative necessity of discouraging its consumption and
that extensive media campaigns and awareness campaigns have
been initiated by the government. We are also informed that
the Government of NCT of Delhi is actively engaged in setting
up de-addiction and rehabilitation centres.
7. The respondent no.1 has placed before this court a short
affidavit to the writ petition being W.P.(C)No.8982/2016. The
same is taken on record. This short affidavit makes detailed
reference to its several de-addiction programmes at a national
level as well as the financial outlay on these programmes.
8. We are further informed that the Food Safety and
Standards Authority of India (FSSAI hereafter) has notified a
draft of Food Safety and Standards (Alcoholic Beverages
Standards) Regulation which is in the process of finalisation.
9. Mr. Mehmood Pracha, learned counsel representing the
FSSAI which has been impleaded as party/respondent no.3 in
W.P.(C) 2166/2017 has submitted that on 5th September, 2016,
a draft of the proposed regulation was notified in the Official
Gazette and objections and suggestions were invited from
members of the public.
10. It appears that the petitioners in both these writ petitions
did not make objections or participated in the hearings.
11. It cannot be denied that issues flagged by the writ
petitioners and the above prayers are really in the realm of
policy making which are beyond the jurisdiction of this court in
exercise of its extraordinary powers under Article 226 of the
Constitution of India.
12. As on date, the aforesaid proposed regulation is still in
the draft stage and has not been finalised so far. Given the
nature of the submissions made in these writ petitions and the
prayers sought, it would be appropriate if these writ petitions
are treated as objections or suggestions filed before the FSSAI
as if they were received pursuant to the notification dated 5 th
September, 2016 and a view taken thereon while finalising the
regulations.
Learned counsel for the petitioners also have no
objection to such course of action being adopted.
13. In view of the above, it is directed as follows :
(i) The Food Safety and Standards Authority of India shall
treat W.P.(C) Nos. 8982/2016 and 2166/2017 as
objections and suggestions made to it pursuant to the
public notice dated 5th September, 2016.
(ii) It shall be the responsibility of both these petitioners to
ensure that a copy of their petition is delivered to the
Chief Executive Officer of the Food Safety and
Standards Authority of India within one week from
today. Subject to the service of the copy of the writ
petitions, a hearing shall be afforded by the concerned
authority to the petitioners or their authorised
representatives in terms of the spirit of the public notice
dated 5th September, 2016.
(iii) It shall be the responsibility of the Chief Executive
Officer of the Food Safety and Standards Authority of
India to notify the date and time of the hearing to the
petitioners.
(iv) Needless to state the material placed by the petitioners
shall be considered before taking a final view on the
proposed regulation.
(v) The respondents shall take steps for finalising the
regulations and notifying them within the earliest
possible time.
These writ petitions are disposed of in the above terms.
Dasti.
ACTING CHIEF JUSTICE
NAVIN CHAWLA, J
MAY 18, 2017/kr
