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2012 Supreme(Bom) 1763

MOHIT S.SHAH, N.M.JAMDAR
Dhariwal Industries Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Milind Sathe, Senior Advocate i/by M/s. ALMT, N.H. Seervai, Senior Advocate with Ms.H. Jain, Mr.Subhash Jadhav, Amana Usman, Ms. Neha Thakkar, Janak Dwarkadas, Senior Advocate with V.P. Sawant, Hitesh Jain, Subhash Jadhav, Amana Usman & Ms. Neha Thakkar i/by M/s. ALMT, Ravi Kadam, Senior Advocate with Hitesh Jain, Subhash Jadhav, Amana Usman & Ms. Neha Thakkar, Aspi Chinoy, Senior Advocate with Birendra Saraf, Hitesh Jain, Subhash Jadhav, Chirag Balsara i/by M/s. Kartikeya & Associates, Prakash Shah with Jay Sanghavi i/by M/s. Prompt Legal, Advocates.
For the Respondents:D.J. Khambata, Advocate General with Aditya Mehta, D.A. Nalawade, Government Pleader, Ms. Nina Nariman, Ms. Geeta Shastri, Assistant Government Pleader, D.J. Khambata, Advocate General with S.K. Shinde, Government Pleader, A.B. Vyagyani, Assistant Government Pleader & Prashant Darandale, Assistant Government Pleader, Kevic Setalvad, Additional Solicitor General for Union of India.

Order

(Chief Justice)

Rule, returnable in the first week of July 2013.

Heard the learned counsel on the question of interim relief.

The writ petitioners are companies engaged in the business of manufacture, supply and distribution of pan masala containing tobacco (known as gutka) and pan masala not containing tobacco. The petitioners claim to have licences and permissions under the Prevention of Food Adulteration Act, 1954 which is now replaced by the Food Safety and Standards Act, 2006 and the other legislations. According to the learned counsel for the petitioners in five petitions, the petitioners' factories are situate outside the State of Maharashtra. Statutory Regulations and Standing Order under challenge :

2. The petitioners have challenged the validity of the following provisions of two different Regulations under the Food Safety and Standards Act, 2006 (“the Food Safety Act “or FSS Act or Act of 2006”) as well as the statutory order dated 19 July 2012 of the Commissioner of Food Safety, State of Maharashtra under Section 30(2)(a) of the Food Safety Act. The regulations impugned in these petitions are -

(i) Regulation 2.3.4 of the Food Safety and Standards (Prohibition & Res




































































































































































































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