JUDGMENT

Amar Saran and Anurag Kumar, JJ.—Heard Sri Vishnu Behari Tewari, learned Counsel for the petitioner, learned Advocate General for the State of U.P and Sri Vaibhav Kaushik, learned Standing Counsel for the Union of India.

2. Learned Standing Counsel for the Central Government has passed over three photo copies of the DO letters issued by the Special Secretary, Ministry of Health and Family Welfare, Union of India, New Delhi dated 8.5.2012, 27.8.2012 and 29.8.2012 which direct the State of UP to pass necessary orders at the State level prohibiting the sale and distribution of “Gutka and “Pan Masala” containing tobacco, in the light of the provisions of the Food Safety and Standards Act, 2006 (hereinafter “Food Safety Act” or ‘the Act’), Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 thereafter regulations) which put restricftions on adding tobacco and nicotine to any food product. As learned Standing Counsel Union of India prays for time to file a counter-affidavit annexing the the said DO letters and other material for clarifying the stance of the Union of India, he is allowed two weeks time for this purpose.

3.