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2012 Supreme(Del) 1637

MANMOHAN SINGH
MEAD JOHNSON NUTRITION (THAILAND) LTD. – Appellant
Versus
BUREAU OF INDIAN STANDARDS (BIS) – Respondent


Advocates Appeared:
Mr. Sandeep Sethi, Sr. Adv. with Ms. Krishna Sarma, Ms. Minakshi Sarma, Ms. Vartika Sahay, Mr. Navneet Kumar & Mr. Lovejeet Singh, Advs.
Mr. Jos Chiramel, Adv. with Mr. Ramesh Kumar and Mr. Daniel James, Advs.

JUDGMENT

MANMOHAN SINGH, J.

1. The common order is being passed in the above-mentioned two writ-petitions, as the issues involved in both the matters are the same. However, the learned counsels for the parties have made their submissions in WP(C) No.3752/2012.

2. The respondent has filed an affidavit in Court. Both the petitions have been filed by the petitioner through its authorized Indian Representative in Bombay, for quashing of notice dated 16th May, 2012 and e-mail dated 14th May, 2012.

Petitioner’s Case

3. The case of the petitioner in both the petitions is that the petitioner-company is a manufacturer of more than 70 infant food products. The petitioner has its presence in more than 50 countries. The Ministry of Health and Family Welfare, Department of Health vide Notification GSR No.257(E) dated 3rd May, 1991 notified standard for Milk-cereal base weaning foods under the Prevention of Food Adulteration Act, 1954.

4. In 2006, a checklist for documents to be submitted in the list along with the application for grant of licence under the respondents certification scheme for foreign manufacturer was available on the respondents website.

5. Therefore, on April 02, 2007, based o

































































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