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2009 Supreme(Kar) 189

V.G.SABHAHIT, P.D.DINAKARAN
RAJU LAXMAN PACHAPURE – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates appeared:
Sri Basavaprabhu Patil, Senior Counsel for Sri Srinand A. Pachhapure, Advocate for Petitioner;
Smt. Niloufer Akbar, Additional Government Advocate for Respondent-I;
Sri KN. Puttegowda, Advocate for Respondent-2 - Absent;
Sri KG. Raghavan, Senior Counsel for Sri G.K V. Murthy and Sri P.E. Umesh, Advocates for Respondent-6;
Sri Arvind Kumar, Assistant Solicitor General for Respondent-7.

ORDER

P.D. Dinakaran, C.J.:

The issue that arises for our consideration in W.P. No. 15119 of 2006, a public interest litigation filed in the year 2006, is whether respondent be directed to take appropriate action against 6th respondent-industry based on the representation of petitioner dated 11-9-2006 for manufacturing gutka product which undisputedly falls within the definition of "Food" defined under Section 2(v) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'PFA Act') on the ground the samples of gutka which is admittedly manufactured by 6th respondent contains use of anticaking agent viz., magnesium carbonate which is barred under Rule 62 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'PFA Rules'), is a major public health hazard.

2. When the matter came originally for admission on 4-6-2008, this Court passed the following interim order:

'We find it necessary in the public interest to issue an interim order directing the petitioner to give a written complaint on the issues raised in the writ petition to the 3rd respondent-Commissioner, Food and Civil Supply Department, Government of Karnataka within one week from today.
























































































































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