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2017 Supreme(Kar) 1315

B.S.PATIL, B.V.NAGARATHNA
TABOCCO INSTITUTE OF INDIA, HAVING ITS REGISTERED OFFICE, NEW DELHI, REP. BY S. M. AHMAD - DIRECTOR & SECRETARY GENERAL – Appellant
Versus
UNION OF INDIA, REP. BY THE CABINET SECRETARY, CABINET SECRETARIAT, GOVERNMENT OF INDIA, RASHTRAPATI BHAWAN, NEW DELHI – Respondent


Advocates Appeared:
For the Appearing Parties:Sriyuths S. Vijay Shankar, Sajan Poovayya, K.G. Raghavan, B.V. Acharya Sr. Counsels for Aradhana Lakhtakia, M.J. Abhishek Marla, S.S. Ravishankar, Shristi Widge, Pratibhani Singh Kharola, Nalina Mayegowda (Poovayya & Co.), Sriyuths Krishna S. Dixit, ASG along with Aditya Singh & S.R. Dodawad, Jayna Kothari, K.V. Dhananjay, S.S. Ravishankar, Prashanth, T. Suryanarayana, Prem Prasad Shetty, K.V. Dhananjay, K.B. Narayanaswamy, V.R. Data, K.N. Satisha, Rajeev Kumar Jain, Shivaraman Vaidyanatha & Piyush Kumar Ray, Suraj Govinda Raj, Anup S. Shah Law Firm, Shivakumar S. Badawadagi, P.H. Pawar, Ganesh Raibagi, Veeresh R Budihal, L.M. Kurahatti, Advocates.

ORDER

B.S. Patil, J.

1. In all these writ petitions, common questions arise for consideration. Petitioners in these writ petitions have challenged the validity of the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008 (for short, 'COTP Rules, 2008') as amended by the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014 (for short, 'COTP Amendment Rules, 2014'). Indeed 2008 Rules (unamended) are also challenged in some of the writ petitions.

2. In furtherance of the purpose and object of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, 'COTPA') and to prohibit advertisement of, and to provide for regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other tobacco products, COTPA has been enacted. The enactment provides for mandatory requirement to carry such specified warnings against the use of cigarettes and other tobacco products on packages of such products in s

























































































































































































































































































































































































































































































































































































































































































































































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