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2014 Supreme(Bom) 248

V.M.KANADE, G.S.KULKARNI
Vital Nutraceuticals Private Limited through its Director, Ganesh Vithal Kamath – Appellant
Versus
Union of India through Secretary Ministry of Health and Family Welfare, Government of India – Respondent


Advocates appeared:
For the Petitioners:I.M. Chagla, Senior Advocate with Riyaz Chagla with Rajeev Talasikar, Advocates.
For the Respondents:R1, Dr. G.R. Sharma, G. Hariharan, S.D. Bhosale, R2, Mehmood Pracha, I.A. Khan i/b, Legal Axis, Advocates.

Judgment

G.S. Kulkarni, J.

1. I have had the privilege of going through the erudite judgment of my learned brother Mr. Justice V.M. Kanade. Having deliberated over the arguments advanced by the learned Counsel for contesting parties in the light of the statutory provisions and authoritative pronouncement of the Supreme Court, I deeply regret my inability to persuade myself to share the view of my learned brother. Hence, this Judgment.

2. Rule. Rule is made returnable forthwith. By consent of parties , heard finally.

3. By this petition filed under Article 226 of the Constitution of India, two petitioners viz. Vital Nutraceuticals Private Ltd.-Petitioner no.1 and Indian Drug Manufacturers' Association-Petitioner no.2 having 690 members as listed in the Statement annexed at 'Exhibit C' to the petition, have inter alia challenged the action of Respondent no.2 viz. Food Safety and Standards Authority of India (hereinafter referred to as 'the Food Authority') in issuing advisories in respect of various issues falling under the Food Safety and Standards Act,2006 and more particularly the advisory dated 11.5.2013 which lays down the guidelines to be followed for the

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