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2017 Supreme(Kar) 1271

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.S. PATIL, B.V.NAGARATHNA, JJ.
Rahul Joshi S/o Sri. Sitaram Joshi - Petitioner
Versus
Union of India Through Secretary, Ministry Of Health And Family Welfare and Ors. - Respondent
Writ Petition No.34194 of 2016
Decided on : 15-12-2017

Advocate Appeared:
For the Petitioner:Sri Sudharsan Suresh, Sri K.V. Dhananjay, Sri Tejasvi Surya and Sri T.Suryanarayana, Advocates and Sri S.R.Joshi and Sri Sarvesh Jain, Advocates.
For the Respondent:Sri Krishna S. Dixit, A.S.G. A/w Aditya Singh, S.R. Dodawad, Sri Aditya Sondhi, addl. Adv. General, a/w Sri Vasant V. Fernandes, Govt. Pleader, Sri R.B.Mathur, HCGP, Sri Shivangshu Naval, and Sri Sajan Poovayya, Sr. Advocate a/w Miss.Aradhana Lakhtakia, Miss.Shristi Widge, Sri Pratibhanu Singh Kharola & Miss Nalina Mayegowda, Sri Vivek Kohli and Sri Nalin Talwar, Advocates.

Headnote:CIGARETTES & OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT & REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY & DISTRIBUTION) ACT, 2003 [C.A. No. 34/2003] - Sections 8(3), 31 & Cigarettes & other Tobacco Products (Packaging and Labelling) Rules, 2008, Rule 3 [as amended by Amendment Rules (2014)] - Policy decision - Petitioner seeking direction for framing and implementation of Amendment Rules - Also seeking direction to prohibit use of colour, imagery, corporate logo, trademarks on cigarette packages - Held, Framing and implementation of Packaging Rules and prohibition of sale and distribution of loose cigarettes falls within realm of policy. Court cannot interfere with policy or law making domain reserved for other agencies of State. It is for Legislature and Executive and not for Court to issue directions.

ORDER :

1. This writ petition is filed in public interest by a practicing advocate at Jaipur, Rajasthan State, being concerned with the ill effects of tobacco and its products on human health and the State and Central Government not taking sufficient steps to safeguard the health of the people particularly, youth of India. The petitioner has filed the writ petition seeking the following prayers and interim prayers:

“10. It is, therefore, humbly prayed that this writ petition may kindly be allowed

(i) A writ, order or direction in the nature of mandamus commanding the respondents to immediately implement and enforce Cigarette and other Tobacco Products (Packaging and Labeling) of Amendment Rules, 2014 made by the Respondents in exercise of the powers conferred by Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution), Act, 2003;

(ii) A writ, order or direction in the nature of mandamus commanding the respondents to immediately frame, promulgate and implement plain packaging rules for cigarette and other tobacco products so as to effectively curb the menace of cigarette and other tobacco smoking which has detrimental effect on the life and liberty of the people of this country,

(iii) A writ, order or direction in the nature of mandamus commanding the respondents to immediately prohibit the use of colour, imagery, corporate logo, trademarks from any and all cigarette and tobacco products and direct that necessary regulations be framed and implemented to have appearance of tobacco packets in standardized shape and colour;

(iv) Such order, Writ, direction to the Respondent Nos.3 & 4 to immediately prohibit the sale and distribution of cigarettes and other tobacco products till implementation of plain tobacco packaging in the State of Rajasthan;

(v) Such order, Writ, direction to the Respondent Nos.3 & 4 to immediately prohibit the sale and distribution of loose cigarettes and other tobacco products.

(vi) Such order, Writ, direction to the respondent Nos.3 and 4 for revocation of reduction of tax on sale of cigarettes and other tobacco products.

(vii) Such order writ, order or direction as this Hon’ble Court may deem just and proper in the circumstances of the case and in the interest of justice, be passed in favour of the petitioner;

(viii) Cost of the writ petition be awarded in favour of the petitioner.

11. Interim order:

(i) The Respondent Nos.1 and 2 Union of India, Ministry of Health and Family Welfare may be directed to revoke the Corrigendum dated 26th March 2015 vide it has substituted sub Rule (2) of Rule 1 of the earlier notification dated 15th October 2014 which was to come into force w.e.f. 1st day of April, 2015.

(ii) The Respondent Nos.3 & 4 State of Rajasthan be directed to immediately prohibit the sale and distribution of loose cigarettes and other tobacco products and revoke the reduction of tax on sale of cigarettes and other tobacco products.”

2. According to the petitioner, the immediate reason for filing the writ petition was to seek enforcement and implementation of Cigarettes and Other Tobacco Products (Packaging and Labeling) Amendment Rules, 2014 [hereinafter, referred to as “the Amendment Rules, 2014”] made under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter, referred to as “COTPA” for the sake of convenience).

3. The main grievance of the petitioner with regard to corrigendum dated 26/03/2015, issued by the Ministry of Health and Family Welfare (Department of Health and Family Welfare), is to the effect that the Amendment Rules, 2014 would come into force on such date, as the Central Government, may by notification in the Official Gazette, appoint. The corrigendum was issued to the earlier Notification dated 24/09/2014, which had notified that the Amendment Rules, 2014 would be effective from 01/04/2015. But by t





























































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