Delhi High Court
Sheetal Dhariwal vs Union Of India & Ors. on 30 April, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6039/2024
SHEETAL DHARIWAL ..... Petitioner
Through: Mr. Chandan Bhatia and Mr. Sarthak
Kumar Singh, Advocates
Versus
UNION OF INDIA & ORS. ..... Respondents
Respondent
Through: Mr. Kirtiman Singh, CGSC with Mr.
Waize Ali Noor, Mr. Varun Rajawat,
Mr. Varun P. Singh, Mr. Kartik
Baijal, Mr. Aryan Agrawal and Ms.
Shreya V. Mehra, Advocates for R-1
R
Mr. Rishabh Srivastava, Mr. Utkarsh
Singh, Mr. Pradyumn Rao and
Mr.Vikas Saini, Advocates for Mr.
Santosh Kumar Tripathi, Standing
Counsel for GNCTD, R-2 R
Mr. Rakesh Chaudhary and Mr.
Sushaar Chaudhary, Advocates for
R-3
Mr. Aditya Singla, Advocate for R-3
R
with Mr. Ritvik Saha, Ms. Saakshi
Garg and Mr. Raghav Bakshi,
Advocates for R-3
% Date of Decision: 30th April, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
CM APPL. 25035/2024 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
W.P.(C) 6039/2024
1. Present public interest petition
petition, which is fourth in a series of petition,
filed by the Petitioner seek
seeks compliance with Regulation 2.3.4 of the Food
Safety and Standards (Prohibition and Restrictions on Sales) Regulations,
2011 (for short '2011
2011 Regulations')
Regulations ) which prohibits use of tobacco and
nicotine as ingredients in any food product including pan masala
masala.
2. The first petition bearing W.P.(C) No. 2939/2024
939/2024 filed seeking
compliance of judgment dated 10th April, 2023 titled Commissioner (Food
Safety) v. Sugandhi Snuff King Pvt. Ltd. and Others
Others, 2023 SCC Online Del
2003 was disposed of vide order dated 28th February, 2024 as withdrawn
with liberty to file
ile a fresh petition
petition. The second petition bearing W.P.(C) No.
3208/2024 was dismissed vide order dated 04th March,, 2024 on account of
absence of relevant empirical data showing usage of tobacco and nicotine as
ingredients in pan masala and due to non-impleadment
adment of necessary parties.
Thereafter, the third petition being W.P.(C) No. 4077/2024
/2024 filed by the
Petitioner seeking identical prayers was disposed of vide order dated 18th
March, 2024 with directions to the Food Safety and Standards Authority of
India ('FSSAI')) to treat the writ petition as a representation and to decide the
same in accordance with law after giving an opportunity of hearing to the
Petitioner.
3. Learned counsel for the Petitioner states that the Petitioner has not
received any response to her representation in accordance with the order
dated 18th March, 2024.
4. Learned counsel for the FSSAI, who appears on advance notice
notice, states
that the Petitioner representation's is under consideration. He assures and
undertakes to this Court that the same shall be disposed of after giving an
opportunity of hearing to the Petitioner.
5. Recording the aforesaid undertaking, the present writ petition is
disposed of with
th a direction to FSSAI to decide the Petitioner's
representation in accordance with law, as expeditiously as possible,
possible
preferably, within six weeks. The rights and contentions of all the parties are
left open.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
APRIL 30, 2024/rhc
rhc
