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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, ACJ., SHUBHA MEHTA, J.
Avanindra Mishra, S/o. Upendra Nath Mishra - Petitioner
Versus
Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare – Respondent
D.B. Civil Writ Petition No. 17536 of 2025
Decided On : 06-03-2026
ORDER :
1. The present petition has been filed in the nature of Public Interest Litigation with following prayers:
(i) The Hon’ble Court may kindly be pleased to issue a writ of mandamus or such other writ or direction directing the Respondents to replace ‘shall’ instead of ‘may’ in clause 2 of the directions, thereby effectively implement the Regulations.
(ii) The Hon'ble Court may kindly be pleased to direct the Respondents to issue an advisory to the manufacturers, sellers, dealers and the like to provide pictorial cancer related health warnings on alcoholic beverages so that consumers are made aware of the health deterioration caused by consumption of alcohol and can make an informed decision to consume alcohol.
(iii) The Hon’ble Court may kindly be pleased to additionally direct the Respondents to provide pictorial cancer related health warnings on/outside the shops selling the alcoholic beverages so as to enable the consumers to make a more informed choice prior to purchasing the alcohol.
(iv) The Hon'ble Court may kindly be pleased to direct the Respondents to frame appropriate rules for an effective implementation of the health warnings on alcohol bottles.
(v) Any other order or direction, which your lordships may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the public at large and in the interest of justice.
2. Learned counsel for the petitioner, in support of his contention that there should be a positive warning or the advisories issued to the medical fraternity has placed before us certain research work. We however, feel that the Court is not an expert body to examine as to how much level of intoxicants would result in causing cancer or other disease. The excise policy issued by various States deals with the aspect relating to the various notices of caution and care to be affixed on the bottles with alcoholic content.
3. The PIL, for this purpose, would be nothing but a futile exercise. We notice that representations have already been made, which would be duly considered by the State.
4. The PIL is, accordingly, dismissed. Pending application(s) also stand dismissed.
Courts cannot enforce policy decisions of the State regarding prohibition, as such decisions fall outside their jurisdiction.
The main legal point established in the judgment is the interpretation and application of 'Public Interest Litigation' in the context of specific relief sought under the Pharmacy Act, 1948 and the Ed....
Point of law: Sale of the tobacco products -Act and the Rules does not intend the incorporation of warning in loose and individual cigarettes; Courts cannot legislate law, which is the absolute domai....
The court affirmed the need for compliance with health regulations regarding misleading product labeling and marketing to protect public health, especially for children.
Compliance with court directions regarding liquor regulation.
The main legal point established in the judgment is the importance of wearing masks during the Covid-19 pandemic and the need for proper research and material in public interest litigations.
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