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2022 Supreme(Del) 2132

GAURANG KANTH
Sugandhi Snuff King Pvt. Ltd. – Appellant
Versus
Commissioner (Food Safety) Government of NCT of Delhi – Respondent


JUDGMENT

Gaurang Kanth, J. The present writ petitions under Article 226 of the Constitution of India raise a common question of law, arising in similar circumstances; hence, they are dealt with and disposed of by a common judgment.

2. The present batch of petitions challenge the legality and validity and seek quashing of the Notification bearing No. F.1(3)DO-I/2012/10503-10521 dated 25.03.2015 and subsequent Notifications dated 13.04.2016, 13.04.2017, 13.04.2018, 13.04.2019, 15.07.2020 and 06.08.2021 ("impugned Notifications") issued by the Commissioner of Food Safety, Government of National Capital Territory of Delhi ("NCT of Delhi") in view of Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 ("Regulation 2.3.4") in purported exercise of power under Section 30(2)(a) of Food Safety and Standards Act, 2006 ("FSSA") on the grounds of being arbitrary and ultra vires the FSSA and violative of the fundamental and other legal rights of the Petitioners.

3. The Impugned Notifications sought to prohibit the manufacture, storage, distribution or sale of Gutka, Pan Masala, flavoured/scented tobacco, Kharra and similar products in the

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